Possession of 3.990 Kg. of Marijuana classifies as intermediate quantity, allowing bail under NDPS Act due to prolonged custody and absence of a prior criminal record.

JUDGMENT :

G. Satapathy, J.

1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with F. No. VIII(48)2Cus(P)/Seizure of Marijuana (H.W.)/BPIA/2025 corresponding to TR Case No.23 of 2025 pending in the file of learned District & Sessions Judge, Bhubaneswar for commission of offences punishable U/Ss.20(b)(ii)(C)/23/29 of NDPS Act, on the main allegation of possessing 3.990Kgs. of Hydroponic Weed/Marijuana(Ganja).

2. Heard Mr.Pratik Nayak, learned counsel for the petitioner and Mr.Sudipto Panda, learned CGC in the matter and perused the record.

3. In the course of argument, a question comes before this Court that whether the quantity of Contraband article seized in this case is commercial quantity or intermediate quantity. According to learned CGC, since the Contraband article comes within the purview at serial No. 150 of Scheduled of the notification specifying small quantity and commercial quantity, the chemical product of the Contraband article is Tetrahydrocannabinol and, therefore, anything more than 50Grams of such compound comes under commercial quantity, but Mr.Pratik Nayak reaffirms that the Contraband article seized in this case belongs to Cannabis Group and thereby, the quantity of Contraband article to be commercial quantity must be more than 20 Kgs. No doubt, the Contraband article namely, Marijuana has not been defined in anywhere in the NDPS Act, but according to the Chambers Dictionary 12^th Edition, Marijuana as noun is the hemp plant (Cannabis Sativa); its dried flowers and leaves smoked as intoxicant. Similarly, Marijuana is defined in Oxford Dictionary as a noun a drug made from the dried flowers of the cannabis plant, which is smoked or consumed as a psychoactive (mind-altering) drug and the same also known as Ganja and thereby, Marijuana is a product of Cannabis which is further strengthened and evidenced from the prosecution papers in which the Contraband article has been described as Marijuana(Ganja). Be that as it may, Cannabis has been defined in Sec. 2(iii)(b) of the NDPS Act which is reproduced as under:-

“2(iii)(b) Ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated.”

4. In this case, the inventory of the seized materials reveals that eight packets were allegedly seized from the possession of the petitioner and the packets contained dried flower/plant like substance and, therefore, the Contraband article in this case is dried flower/plant like substance. In the circumstance as per the definition of Cannabis, it is emphasized that the drug may be called by whatever name, it is Cannabis if that is the flowering or fruiting tops of Cannabis plant. It is also found from the copy of the order dated 22.04.2025 passed by the learned Addl. Sessions Judge, BBSR that the petitioner has been charged for commission of offence punishable U/S. 20(b)(ii)(B)/23/27(A)/28/29 of the NDPS Act.

5. It is no doubt argued by Mr.Panda that the Contraband article seized in this case is more than the commercial quantity as per the chemical compound that was unearthed from the substance which was allegedly seized from the petitioner, but no material or document has been brought to the notice of the Court to show that the quantity of such articles seized comes under commercial quantity and even the scheduled of the notification does not reveal about Marijuana to be an item, however, basing on the definition and the materials produced before this Court, it prima facie appears to the Court that the Contraband article seized in this case appears to be Marijuana(Ganja). Furth