• The Bombay High Court denied bail to the applicant under the NDPS Act, reaffirming that the entire quantity of contraband, including neutral materials such as stems and leaves, must be considered to determine the commercial quantity threshold. The Court relied on the principles laid down in Hira Singh v. Union of India (2020) for this determination.
• The seized contraband included stems and leaves of cannabis, and as per NDPS Act provisions and relevant Supreme Court rulings, neutral materials are not excluded when determining the weight of "Ganja." The applicant's argument for exclusion of such material to avoid commercial quantity thresholds was rejected.

Acts and Sections Discussed:

1. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)

   • Section 20(b)(ii)(C): Punishment for possessing commercial quantities of cannabis.
   • Section 52-A: Procedure for inventory and sampling of narcotic drugs.
   • Section 37: Restrictions on granting bail.

2. Relevant Notifications:

   • Notifications under the NDPS Act defining quantities and clarifications on mixtures.

Facts and Analysis (Para-wise):

I. Prosecution's Case:

• (Para 3): Accused Nos. 1 and 2 were found with bags containing Ganja (approximately 4kg) in a vehicle. Further investigation revealed that the applicant was storing 77.96kg of Ganja, leading to his arrest.
• Seizure Panchanama confirmed the total weight, including stems and leaves.

II. Applicant's Arguments:

1. Definition and Weight of Ganja (Para 5):
   • The applicant argued that stems, leaves, and roots should not count toward the total weight of Ganja. This exclusion would reduce the contraband's weight to an intermediate quantity, making bail permissible.
2. Violation of Section 52-A (Para 6):
   • Claimed samples were not drawn in the presence of a Magistrate, violating statutory procedure.

III. State's Counterarguments:

• (Para 7-8):
  • The State contended that the total seized quantity, including neutral materials, was commercial as per the NDPS Act and Supreme Court rulings (Hira Singh v. Union of India).
  • Both on-field and Magistrate-supervised sampling complied with Section 52-A.

IV. Legal Issues:

1. Definition of Ganja (Para 10-11):
   • As per Section 2(b) of the NDPS Act, Ganja includes flowering tops and associated leaves/seeds.
2. Mixtures and Neutral Materials (Para 14-20):
   • Following the ruling in Hira Singh, the entire mixture (including neutral materials) determines commercial quantity thresholds.

V. Court's Analysis:

• (Para 18-25):
  • Confirmed Hira Singh's precedent that neutral materials are considered part of the contraband's weight.
  • Seized 77.96kg clearly surpassed the commercial quantity threshold.

VI. Conclusion:

• (Para 26-27):
  • Section 52-A compliance was deemed sufficient for trial purposes.
  • No grounds to grant bail under the NDPS Act due to the commercial nature of the seized quantity.

Ratio Decidendi:

The entire quantity of the seized material, including neutral substances, is to be considered for determining commercial quantity under the NDPS Act. This principle ensures strict compliance with the law's preventive objectives, irrespective of the separation feasibility of offending substances.

Subjects:

Bail Application under the NDPS Act involving commercial quantities of contraband.

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