IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Kizakkekalayil Anujikumar Anujith – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. bail application and facts of possession. (Para 1 , 6) |
| 2. arguments regarding commercial quantity definition. (Para 3 , 5) |
| 3. contraband definition according to the ndps act. (Para 4) |
| 4. court's consideration for grant of bail. (Para 7) |
| 5. bail granted with conditions. (Para 8 , 9) |
JUDGMENT :
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).
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 mo
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.
Seeds and leaves without tops are not termed as Ganja.
Bail granted due to custody and debatable nature of the contents of ganja.
The definition of 'Ganja' under the NDPS Act excludes leaves and seeds of cannabis plants, allowing bail for the accused-petitioner.
The court granted bail based on the lengthy duration of custody and the fact that co-accused had already been granted bail, without commenting on the merits of the case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.