Court questions applicability of Section 37 NDPS Act as recovered material partly falls outside "Ganja" definition; bail granted after over a year in custody under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant judgment dated September 9, 2026, the Delhi High Court, presided over by Mr. Saurabh Banerjee, J., granted regular bail to Manish Kumar Prasad, who was arrested in connection with the recovery of a mixture containing "Ganja" and other substances. The case originated from FIR No. 537/2025 registered at Keshav Puram Police Station under Sections 20, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The applicant was apprehended on September 1, 2025, after police intercepted a Scooty carrying him and a co-accused, recovering approximately 21.20 kilograms of "Ganja." However, the court observed that the recovered quantity was not a pure commercial quantity of "Ganja" but a mixture that included leafy, seed-bearing, grass-like substances, which do not fall under the statutory definition of "Ganja" as per Section 2(iii)(b) of the NDPS Act. This created a reasonable doubt about the applicability of the stringent Section 37 of the NDPS Act, which deals with bail in cases involving commercial quantities of narcotic drugs.
The court noted that while the chargesheet had been filed and the trial was ongoing, the conclusion of the trial was expected to take considerable time. The applicant had already been in judicial custody for more than one year, and his conduct was reported as satisfactory. Further, although the applicant was involved in another FIR under the NDPS Act, he had already been granted bail in that matter. Relying on the Supreme Court precedent in Prabhakar Tiwari v. State of U.P. (2020) 11 SCC 648, the court emphasized that mere involvement in other offenses cannot be the sole ground for denying bail.
Granting bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court ordered that Manish Kumar Prasad be released upon furnishing a personal bond of Rs. 20,000 along with one surety of the like amount. The surety must be a family member or friend without any pending criminal case and subject to the Trial Court's satisfaction. The bail conditions include restrictions on leaving the State of Bihar without court permission, mandatory residence as per prison records, surrender of passport if any, regular appearance before the Trial Court, monthly reporting to the local police station in Bihar, maintaining a working mobile phone, and refraining from criminal activities or tampering with evidence or witnesses.
The Delhi High Court's decision underscores a nuanced approach to bail in NDPS cases where the recovered substance is not conclusively a commercial quantity of narcotics as defined under the law. It also highlights the importance of considering the totality of circumstances, including the duration of custody and the applicant's conduct, before denying bail. This judgment sets a precedent in interpreting the application of Section 37 of the NDPS Act and the implementation of the newer Bharatiya Nagarik Suraksha Sanhita, 2023 provisions related to bail.
Bottom Line:
Bail granted under the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving the Narcotic Drugs and Psychotropic Substances Act, 1985, where the recovered quantity did not entirely fall within the definition of "Ganja" as per Section 2(iii)(b) of the NDPS Act.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 20, 25, 29, 37, Section 2(iii)(b)
Manish Kumar Prasad v. State of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2981934
