Bombay HC: Greenish Leafy Substance Not ‘Ganja’; Grants Bail To Accused Held For Gutka Possession

Mumbai: Holding that a greenish leafy substance seized from an accused’s house did not fall within the statutory definition of ganja, the Bombay High Court has granted bail to a man who had been in custody for over nine months. The court ruled that the stringent bail provisions under Section 37 of the Narcotics Drugs and Psychotropic Substances Act (NDPS Act) would not apply in this case.

Justice Ashwin D. Bhobe observed, “The substance which is alleged to have been seized is referred to as ‘greenish leafy substance’. Prima facie, the same would not fall within the definition of ganja under Section 2(iii)(b) and (c) of the NDPS Act.”

The HC has allowed bail plea of Abbas Tapshir Khan @ Arbaz, who was arrested on September 21, 2024, following the seizure of prohibited gutkha from a private vehicle. The occupant of the vehicle led the police to Khan’s residence, where 737 grams of the said greenish substance was found.

Khan’s advocate, Ravi Jadhav, argued that even assuming the prosecution’s claims were true, the quantity was small and not covered under the NDPS Act’s definition of ganja. Prosecutor TG Khan, admitted that the quantity was small but maintained it resembled ganja and had a strong odour.

he court noted that the investigation was complete, the charge sheet had been filed, and there were no allegations of tampering or threats to witnesses. “In the facts of the present case, the applicant would be entitled to bail,” the court said.

Khan was granted bail on furnishing a Rs25,000 bond with conditions, including regular court attendance and non-interference with the investigation.