20 Kg of Ganja Is Not Commercial Quantity: Rajasthan High Court Grants Bail on Literal Reading of Definition

The petitioner was arrested in a 2023 case under Sections 8/20 of the NDPS Act and sought regular bail under Section 439 of the CrPC (para 1). His counsel argued that Section 2(vii-a) defines commercial quantity as any quantity greater than the quantity notified by the Central Government; with 20 kg prescribed for ganja, the recovery fell below commercial quantity and Section 37 was not attracted. Counsel added that he had no criminal antecedents, had been in custody since 21 September 2023, and faced a long trial (para 2). The Public Prosecutor replied that serial No. 55 of the notification prescribes 20 kg for ganja, so the quantity was commercial and Section 37 barred bail (para 3).

The Court recorded that it was admitted that 20 kg of ganja had been recovered from the petitioner (para 5). It relied on Chanda Soni (Smt.) @ Pushpa v. State of Rajasthan, 2010 (2) RLW 1431 (Raj.), in which a co-ordinate Bench, after referring to the definition of commercial quantity, held that the definition leaves no room for doubt: to make out a case of commercial quantity, the quantity recovered must be greater, higher or more than the quantity notified in the Gazette (para 5). That Bench also held that there is no ambiguity in Section 2(vii-a), and the words 'quantity greater than' must be given their literal meaning (para 5). Agreeing with that view, the Court held that the definition unequivocally brings within commercial quantity only a quantity greater than the quantity specified by the Central Government by notification in the Official Gazette (para 5). Considering the definition and the law cited, it held that the bail application deserved to be allowed (para 5). The order does not separately discuss Section 37 or the other bail factors.