A case was registered against him under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
Jaipur: Abhay Singh, popularly known as IIT Baba, was recently detained in Jaipur after he was found with ganja (marijuana). He became famous during the Maha Kumbh Mela and gained attention from many people. However, after being caught with ganja, the police took him into custody.
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A case was registered against him under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. But since the quantity of ganja was small and not a commercial quantity, he was released on bail after he submitted the required bail bonds.
The Jaipur Police Commissioner issued a statement saying,
“IIT Baba was released on bail after furnishing bail bonds, as the ganja found in his possession was not of commercial quantity.”
What the Law Says About Ganja (Marijuana) in India
In India, ganja (marijuana) is regulated under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This law was made to control and regulate narcotic drugs and psychotropic substances strictly.
Definition of Ganja Under NDPS Act
As per Section 2(iii)(b) of the NDPS Act,
“cannabis (hemp)” includes ganja, which refers to the flowering or fruiting tops of the cannabis plant (excluding seeds and leaves when not accompanied by the tops).
Punishment for Ganja Possession Under Section 20 of NDPS Act
The NDPS Act has strict rules for those involved in making, possessing, selling, buying, transporting, importing, exporting, or using cannabis. The punishment depends on the quantity of ganja found with the accused:
- Small Quantity (up to 1 kg of ganja):
- Jail term up to 1 year OR
- Fine up to 10,000 OR
- Both jail and fine.
- More than Small Quantity but Less than Commercial Quantity (1 kg to 20 kg):
- Jail term up to 10 years AND
- Fine up to 1 lakh.
- Commercial Quantity (20 kg or more):
- Jail term between 10 to 20 years AND
- Fine between 1 lakh and 2 lakh.
If a person is caught with a small quantity, they are more likely to get bail.
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When Bail Becomes Difficult
According to Section 37 of the NDPS Act, bail is very difficult to get if a person is caught with a commercial quantity of drugs. The strict rules for bail apply to:
- Commercial quantities of narcotic substances.
- Offences under Section 19, Section 24, or Section 27A of the Act.
However, in cases like IIT Baba’s, where the quantity is not commercial, bail is generally granted more easily.
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