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Bombay High Court

VISHAL ASHOK GAIKWADversusTHE STATE OF MAHARASHTRA

Disposal
DISPOSED OFF

Holding

The court held that, due to the absence of a distinct record quantifying only the flowering tops, it could not be established that the seized quantity exceeded the commercial threshold, and therefore bail was granted.

Summary

The High Court considered bail applications filed by three accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 32.485 kg of cannabis material, including all parts of the plant, was seized. The prosecution argued that the quantity exceeded the commercial threshold and that the accused were complicit, while the defence contended that the law requires a specific quantification of the flowering tops (ganja) and that no criminal antecedents existed. The court examined the definition of "ganja" under Sections 2(b) and (c) of the NDPS Act and noted the absence of a separate record showing the amount of flowering tops alone. Consequently, it held that it could not be ascertained prima facie that the seized quantity constituted a commercial quantity under Section 20(b). On this basis, the court granted bail to all three applicants subject to a personal bond and standard conditions.

Issues considered

  • Whether the seized 32.485 kg of cannabis material qualifies as a 'commercial quantity' under Section 20(b) of the NDPS Act.
  • Whether the lack of specific quantification of the flowering tops (ganja) precludes the application of Section 20(b).
  • Whether bail should be granted in view of the nature of the alleged offence and the material collected by the investigating officer.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • ganja
  • drug offence
  • quantification
  • court order

Judgment

2026:BHC-AUG:23610
                                                             Bail Appln. No.651/2026
                                          :: 1 ::




                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                BENCH AT AURANGABAD

                           BAIL APPLICATION NO.651 OF 2026


            Vishal s/o Ashok Gaikwad                        … APPLICANT
                     VERSUS
            The State of Maharashtra                        … RESPONDENT
                                            .......
            Mr. K.N. Shermale, Advocate for applicant
            Mr. S.V. Hange, A.P.P. for respondent – State
                                            ....…
                                          WITH
                           BAIL APPLICATION NO.564 OF 2026


            Shubham s/o Chandrakant Jadhav                  … APPLICANT
                     VERSUS
            The State of Maharashtra                        … RESPONDENT
                                            .......
            Mr. K.N. Shermale, Advocate for applicant
            Mr. S.V. Hange, A.P.P. for respondent – State
                                            ....…
                                          WITH
                           BAIL APPLICATION NO.826 OF 2026

            Pratamesh Ashok Pawde                           … APPLICANT
                     VERSUS
            The State of Maharashtra                        … RESPONDENT
                                            .......
            Mr. Y.S. Choudhari, Advocate for applicant
            Mr. S.V. Hange, A.P.P. for respondent – State
                                            ....…
                                                Bail Appln. No.651/2026
                               :: 2 ::




                       CORAM : SACHIN S. DESHMUKH, J.
                       DATE     : 12th JUNE, 2026

PER COURT :


1.          By these applications, the applicants are seeking their

release on regular bail in connection with Crime No.1073/2025,

registered at Sangamner Police Station, District Ahilyanagar for the

offences punishable under Sections 20(b), 22(b), 8(c) of the

Narcotic Drugs and Psychotropic Substances Act.


2.          The prosecution case in short is that, on the basis of

secret information, a raid was conducted in the shop block of Vishal

Rahane in which the accused Shubham Chandrakant Jadhav,

Vishal Ashok gaikwad, pratamesh Ashok Pawde and Parvez Daud

Shaikh were found . It is alleged that, on search, 32 Kgs. 485 gms.

Narcotic drugs like Ganja was found A sample of 100 gms. each of

dry Ganja was taken for chamical analysis and the accused were

arrested.


3.          Learned counsel for the respective applicants submit

that, the quantification of the alleged contraband is de hors of the

statutory provisions of the Act, which entitles the applicants to be
                                                  Bail Appln. No.651/2026
                                :: 3 ::


admitted to bail. It is further submitted that, there are no criminal

antecedents against the applicants. The applicants are innocent

and they have been falsely implicated in the present case. One of

the accused is already admitted to bail by the Special Court. The

learned counsel therefore prayed to allow the applications.


4.          Per contra, learned A.P.P. vehemently opposed the

applications, submitting that the complicity of the applicants in the

offence is evident from the material collected by the investigating

officer.   Substantial   quantity   of    the   contraband   excluding

commercial quantity is seized.        Procedure is applied by the

investigating officer, which disentitles the applicants to be admitted

to bail. He therefore prayed to reject the application.


5.          Upon considering the submissions of both sides and

perusal of material on record, including the charge sheet, the

commercial quantity in relation to the N.D.P.S. Act is considered to

be 20 Kgs. or above. However, the expression ‘Ganja’ specifically

defines in Section 2(b) and (c) as the flowering and fruiting tops of

the cannabis plant (excluding the seeds and leaves when not

accompanied by the tops), by whatsoever the name they may be

known or designated, and any mixture, with or without any neutral

material, of any of the above forms of cannabis or any drink
                                                Bail Appln. No.651/2026
                                 :: 4 ::


prepared therefrom.


6.         The expression ‘Ganja’ makes it abundantly clear that it

refers specifically to the flowering or fruiting tops of the cannabis

plant, excluding the seeds and leaves when they are not

accompanied by the tops.


7.         In the present case, as is evident from the First

Information Report (F.I.R.), the seizure weighed 32.485 Kgs., which

comprised the cannabis elements along with all other parts of the

plant. There is no separate record available to indicate the specific

quantity of only the flowering and fruiting tops, the precise

components that legally constitute ‘Ganja’ as defined under the Act

(excluding seeks and leaves).


8.         Therefore, at this juncture, prima facie, it remains

doubtful whether the alleged offence falls under Section 20(b) of

the N.D.P.S. Act. In view of the aforesaid circumstances, and ion

the absence of a distinct record quantifying solely the possession of

the flowering tops, it is highly questionable whether the total

quantity seized can reliably be regarded as exceeding the

commercial quantity threshold.


9.         In view of the aforesaid reasons, the request of the
                                                      Bail Appln. No.651/2026
                                     :: 5 ::


applicants warrants consideration.


10.             Hence the order :


                                  ORDER


(i)    The Bail Applications are allowed.

(ii)   The applicants Vishal s/o Ashok Gaikwad, Shubham s/o

       Chandrakant Jadhav and Pratamesh Ashok Pawde be

       released on bail upon furnishing P.R. bond in the sum of

       Rs.50,000/- (Rs.Fifty Thousand) each, with one or two local

       solvent sureties, in the like amount, in connection with Crime

       No.1073/2025, registered at Sangamner Police Station,

       District Ahilyanagar for the offences punishable under

       Sections 20(b), 22(b), 8(c) of the Narcotic Drugs and

       Psychotropic Substances Act, on the following conditions

       that:-

        (a)       The applicants shall not tamper with the prosecution

                  witnesses in any manner.

        (b)       The applicants shall remain present on each date,

                  unless exempted by the trial Court.

        (c)       In the event of breach of the condition, the concerned

                  Court   shall     consider   the   application    of   the
                                                  Bail Appln. No.651/2026
                                :: 6 ::


               prosecution for cancellation of bail notwithstanding

               the fact that this Court has passed this order of

               granting bail to the applicants.

(iii)   Needless to state that, the observations rendered herein are

        confined to the present application, and the trial Court shall

        not be influenced by the same.



                                    (SACHIN S. DESHMUKH, J.)




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