Mumbai, Maharashtra – Two individuals, Lasad Mary Jiva Arjun (40) and Mariakka Sunil Shinde (29), were granted bail by the Special Court for Greater Bombay under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The order, delivered by Additional Sessions Judge S.V. Yarlagadda on August 23, 2018, noted that the quantity of ganja seized from each accused was a “small quantity,” thereby making the stringent bail provisions of Section 37(1)(b) of the NDPS Act inapplicable.

The applicants, identified as accused no. 4 and 5 in the remand proceeding, were arrested on August 13, 2018, by the Anti-Narcotics Cell (ANC), Kandivali Unit, in connection with Crime No. 35/2018. The prosecution’s case alleged possession of 800 grams of ganja from each individual. They had been in custody since their arrest and sought bail under Section 439 of the Code of Criminal Procedure.

During the arguments, Ms. Suvidha Patil, the advocate for the applicants, contended that since the seized quantity of ganja (800 grams each) falls under the “small quantity” category as defined by the NDPS Act, the offense is bailable.

Mr. P.S. Tawade, the Additional Public Prosecutor (APP) for the State, did not file a written reply but presented his arguments orally. While he did not dispute that the quantity was “small,” he submitted that the applicants should be prevented from repeating the offense.

Judge Yarlagadda, after hearing the arguments and perusing the case papers, confirmed that 800 grams of ganja seized from each applicant indeed constitutes a “small quantity.” The court specifically observed that due to this, the rigorous conditions for bail outlined in Section 37(1)(b) of the NDPS Act, which apply to offenses involving commercial quantities, were not attracted. The maximum punishment for possessing a small quantity of ganja is imprisonment for a term which may extend to six months, or with fine which may extend to ₹10,000, or with both. The maximum punishment provided for the offense is 10 years for quantities greater than small but less than commercial quantity.

Given these considerations, the court was inclined to grant bail. The Additional Sessions Judge passed the following order:

• Bail Bond: Lasad Mary Jiva Arjun and Mariakka Sunil Shinde are to be released each on furnishing a Personal Recognizance (PR) Bond of ₹15,000/- with one or two solvent sureties of the like amount.
• Condition: The applicants shall not repeat the offense or commit any other offense similar to the present one alleged against them.

The application was accordingly allowed and disposed of. This ruling highlights the graded nature of penalties and bail provisions under the NDPS Act, where the severity of the offense and the conditions for bail are directly linked to the quantity of the illicit substance involved.