737g Leafy Substance Not ‘Ganja’: Bombay High Court Grants Bail
Bombay Excessive Court docket grants bail to Abbas Tapshir Khan, holding that 737g of seized greenish leafy substance doesn’t fall beneath the NDPS definition of ganja and qualifies as small amount — Part 37 NDPS not attracted.
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MAHARASHTRA: On 25 June 2025, Bombay Excessive Court docket grants bail to Abbas Tapshir Khan @ Arbaz, who was arrested beneath numerous provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Meals Security and Requirements Act, and the Narcotic Medication and Psychotropic Substances Act, 1985 (NDPS Act).
The case, Legal Bail Utility No. 2234 of 2025, presents essential insights into the interpretation of what constitutes “ganja” beneath NDPS and the applying of bail legal guidelines for small amount offenses.
Background of the Case
The applicant was arrested in Crime No. 279 of 2024, registered with the Lonavala Rural Police Station in Pune District. Appearing on secret info, police intercepted a non-public automobile containing banned tobacco merchandise, gutkha.
Throughout questioning, the automobile occupant led the authorities to Abbas Tapshir Khan’s residence. A subsequent search led to the seizure of 737 grams of greenish leafy substance, suspected to be ganja.
The fees invoked towards the accused included, Sections 123, 223, 274, 275, and three(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Sections 26(2)(I), 26(2)(IV), 27(3)(D), 27(3)(E), 30(2)(A), and 59 of the Meals Security and Requirements Act and alleged offence beneath NDPS Act because of the seizure of suspected ganja.
Importantly, there are three accused on this case. The current applicant was Accused No. 1, and he had been in judicial custody since twenty first September 2024. One co-accused has already secured bail from the Extra Periods Court docket, Vadgaon, whereas one other has not been arrested.
Bail utility filed by the Applicant was rejected by the realized Extra Periods Decide, Vadgaon, Maval, Pune, on 26th March, 2025.
Reasoning and Judgment of the Court docket
Justice Ashwin D. Bhobe, after listening to either side and reviewing the fabric, famous that:
- The seized contraband was certainly a small amount.
- Part 37 NDPS Act, which prohibits bail for critical offences except particular standards are met, was not relevant.
- The substance was described as greenish leafy matter, and prima facie did not meet the definition of ganja beneath the NDPS Act.
The Court docket additional acknowledged that the investigation was full and the charge-sheet had been filed, thereby decreasing the chance of tampering with proof. Furthermore, the applicant had already undergone over 9 months of incarceration since September 2024 with out trial.
Therefore, the bail was granted on the situations, that the applicant:
- Furnish a private bond of ₹25,000 with one or two sureties.
- Not tamper with proof or threaten witnesses.
- Present a verified tackle to the Court docket and Investigation Officer.
- Attend all trial dates, except exempted.
- Chorus from comparable illegal actions.
Authorized and Social Relevance
This case underscores a number of crucial authorized ideas:
- Exact statutory interpretation of what constitutes ganja beneath NDPS Act
- The stability between private liberty and societal curiosity in drug circumstances
- Judicial warning is making use of stringent bail restrictions, particularly for small amount offenses
- The impact of the BNSS 2023 in shaping procedural side of bail
The choice of the Bombay Excessive Court docket within the case of Abbas Tapshir Khan @ Arbaz vs The State of Maharashtra, displays a judicial mix of authorized interpretation and concern for particular person liberty. It additionally serves as a precedent for future case the place the prosecution might depend on assumptions about substance identification with out forensic backing.
The decision reiterates that bail shouldn’t be denied mechanically and the procedural equity should all the time prevail.
CASE TITLE: Abbas Tapshir Khan @ Arbaz vs The State of Maharashtra
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