Bombay High Court Grants Bail to Mumbai Woman in 51-kg Ganja Case
The Bombay High Court has recently granted bail to a woman, Sultana Rafiq Khalil Shaikh, who was found in possession of two gunny bags full of ganja in Mumbai. The relief was provided after the court took note that the bags also contained twigs, stems, and seeds of the cannabis plant, leading them to conclude that the woman was found with a commercial quantity of contraband.
Shaikh, a single mother of three children who was arrested in April 2023, pursued the High Court after her bail plea was rejected by the lower court.
Advocate Shabbir Shora, representing Shaikh, highlighted to the court that under the Narcotic Drugs and Psychotropic Substances Act, the entire cannabis plant should not be considered ganja; only the flowering or fruiting tops of the cannabis plant are classified as such. He also pointed out that the material allegedly found in the bags included leaves, flowers, fruits, seeds, and twigs of the plant.
Additional Public Prosecutor Mayur Sonavane, representing the state, opposed the bail plea on the grounds that 51 kilos is a large quantity of drugs. However, the bench of Justice Manish Pitale sided with Shora’s contention that the case records specifically mention that the material allegedly found in the bags included leaves, flowers, fruits, seeds, and twigs.
The bench further opined that if the total material weighed 51 kilos and only part of it could be classified as ganja, the record does not indicate whether the portion of the material that could be treated as ganja indeed weighed more than 20 kilos, which would be considered a commercial quantity. “In this situation, Shaikh has made a strong prima facie case in her favour, arguing that there is insufficient material on record to show that a commercial quantity of contraband was recovered from her possession,” said the bench while granting her bail.
Radhika Goyal is Author of Taxconcept Gurugram head office, for deeply reported tax, gst and income tax articles on issues that matter. He splits her time between New Delhi and Bengaluru, and has worked as a reporter, a podcaster and an editor for publications across India.