The Supreme Court of India on Wednesday expressed a lenient perspective on granting bail in cases under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) that involve Ganja (Marijuana). This remark came during the hearing of an anticipatory bail application submitted by an individual linked to a significant Ganja recovery case, known as Biswanath Mandal v. The State of West Bengal.
A Bench, comprising Justices MM Sundresh and PB Varale, deliberated over the plea of Biswanath Mandal, who sought anticipatory bail after the Calcutta High Court previously denied his request. The High Court had reasoned that a substantial quantity of contraband was discovered from Mandal’s wife at the residence she occupied, implicating Mandal as the property owner, despite his absence during the raid.
The statutory limitations under Section 37 of the NDPS Act, which restrict the provision of pre-arrest or anticipatory bail, were central to the High Court’s decision. Mandal’s counsel argued before the Supreme Court, pointing out that the house in question was not Mandal’s, suggesting that there were reasonable grounds for bail under Section 37. The Bench humorously questioned whether Mandal was being unjustly implicated, leading to a lighter courtroom moment.
Despite these contentions, the Supreme Court Bench suggested an alternative approach. The Justices recommended that Mandal surrender and apply for regular bail, hinting at a favorable outcome if his plea was dismissed by lower courts. The Bench expressed, “When it comes to Ganja, we are very liberal. Whenever it comes to us, we grant bail. Get a dismissal [of regular bail plea from the trial court] and come here; we will give you bail, no problem.”
While Mandal’s counsel attempted to invoke a previous Supreme Court ruling in support of anticipatory bail, the Bench was firm, noting that such decisions are fact-specific and the current statutory conditions did not support anticipatory bail for Mandal.
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In conclusion, although the Supreme Court denied the anticipatory bail plea, it reassured Mandal’s counsel that the Court might consider a regular bail application favorably if pursued in the proper procedural sequence. This reflects the Court’s broader tendency to adopt a more lenient stance in Ganja-related cases under the NDPS Act, despite the statutory constraints.
