Intermediary Quantity of Ganja Cultivation Case: Gujarat High Court Grants Bail Due to Lack of Criminal Antecedent"

In a Ganja cultivation case registered under Sections 8(b), 8(c), 20(b), 20(a)(i) and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Gujarat High Court has granted bail to an accused after allowing a criminal miscellaneous application. The court cited an intermediary quantity of Ganja possession and the lack of criminal antecedents as reasons for granting bail.

During the hearing, the applicant's lawyer argued that the prosecution's case was for an intermediary quantity of Ganja possession, which would not warrant the rigours of Section 37 of the NDPS Act, even if the quantity mentioned in the FIR and charge-sheet were assumed to be correct. The maximum punishment for the alleged offence against the applicant would be ten years imprisonment and a fine, as per Section 20 of the NDPS Act.

On the other hand, the Additional Public Prosecutor argued that the accused was found in possession of cannabis sativa plant, which is a serious offence under the NDPS Act. However, considering the papers of investigation, it revealed that the quantity was less than the commercial quantity but higher than the small quantity. Therefore, the rigours of Section 37 of the NDPS Act would not be applicable. Moreover, the applicant had no criminal antecedents, apart from the antecedents of the same nature. Based on these factors, the court deemed it fit to release the applicant on bail.

GOGANBHAI RAMBHAI SHEKH Vs STATE OF Gujarat