Bombay High Court grants bail to Abbas Tapshir Khan, holding that 737g of seized greenish leafy substance doesn’t fall under the NDPS definition of ganja and qualifies as small quantity — Section 37 NDPS not attracted.
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MAHARASHTRA: On 25 June 2025, Bombay High Court grants bail to Abbas Tapshir Khan @ Arbaz, who was arrested under various provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Food Safety and Standards Act, and the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The case, Criminal Bail Application No. 2234 of 2025, offers crucial insights into the interpretation of what constitutes “ganja” under NDPS and the application of bail laws for small quantity offenses.
Background of the Case
The applicant was arrested in Crime No. 279 of 2024, registered with the Lonavala Rural Police Station in Pune District. Acting on secret information, police intercepted a private vehicle containing banned tobacco products, gutkha.
During questioning, the vehicle occupant led the authorities to Abbas Tapshir Khan’s residence. A subsequent search led to the seizure of 737 grams of greenish leafy substance, suspected to be ganja.
The charges invoked against the accused included, Sections 123, 223, 274, 275, and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Sections 26(2)(I), 26(2)(IV), 27(3)(D), 27(3)(E), 30(2)(A), and 59 of the Food Safety and Standards Act and alleged offence under NDPS Act due to the seizure of suspected ganja.
Importantly, there are three accused in this case. The present applicant was Accused No. 1, and he had been in judicial custody since 21st September 2024. One co-accused has already secured bail from the Additional Sessions Court, Vadgaon, while another has not been arrested.
Bail application filed by the Applicant was rejected by the learned Additional Sessions Judge, Vadgaon, Maval, Pune, on 26th March, 2025.
Reasoning and Judgment of the Court
Justice Ashwin D. Bhobe, after hearing both sides and reviewing the material, noted that:
- The seized contraband was indeed a small quantity.
- Section 37 NDPS Act, which prohibits bail for serious offences unless specific criteria are met, was not applicable.
- The substance was described as greenish leafy matter, and prima facie did not meet the definition of ganja under the NDPS Act.
The Court further acknowledged that the investigation was complete and the charge-sheet had been filed, thereby reducing the risk of tampering with evidence. Moreover, the applicant had already undergone over nine months of incarceration since September 2024 without trial.
Hence, the bail was granted on the conditions, that the applicant:
- Furnish a personal bond of ₹25,000 with one or two sureties.
- Not tamper with evidence or threaten witnesses.
- Provide a verified address to the Court and Investigation Officer.
- Attend all trial dates, unless exempted.
- Refrain from similar unlawful activities.
Legal and Social Relevance
This case underscores several critical legal principles:
- Precise statutory interpretation of what constitutes ganja under NDPS Act
- The balance between personal liberty and societal interest in drug cases
- Judicial caution is applying stringent bail restrictions, especially for small quantity offenses
- The effect of the BNSS 2023 in shaping procedural aspect of bail
The decision of the Bombay High Court in the case of Abbas Tapshir Khan @ Arbaz vs The State of Maharashtra, reflects a judicial blend of legal interpretation and concern for individual liberty. It also serves as a precedent for future case where the prosecution may rely on assumptions about substance identification without forensic backing.
The verdict reiterates that bail should not be denied mechanically and the procedural fairness must always prevail.
CASE TITLE: Abbas Tapshir Khan @ Arbaz vs The State of Maharashtra
READ JUDGMENT HERE
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