Exactly 1 kg of Charas Is Not Commercial Quantity, Notification Cannot Override Act: Bombay High Court Grants Bail

The applicant, accused No. 1 of three, was arrested on 17.08.2021 in a case under Sections 8(c), 20(b)(ii) and 29 of the NDPS Act (paras 1-2). A patrolling party found him carrying a sack which, when searched, held about 1000 g of charas (para 2). Seeking bail, he pleaded that the quantity was below commercial quantity, so Section 37 did not apply, and that he had been in custody for over two years (para 2). The State replied that under the Central Government's notification of 19.10.2001 (S.O. 1055(E)), 1 kg and above of charas is commercial quantity; entry 23 of its table lists 1 kg (paras 3, 6).

M.S. Karnik J. first asked whether 1000 g of charas is commercial or intermediate quantity, reading Section 2(viia), which defines commercial quantity as any quantity greater than the quantity the Central Government notifies (para 5). Entry 23 of the notification puts 1 kg of charas in its commercial-quantity column (paras 6-7). Treating the notified figure itself as commercial quantity would render the words ‘greater than’ meaningless, and the plain, unambiguous language allows no such reading (para 7). The notification, issued under clause (viia), is subordinate legislation that cannot override the main provision; the two must be harmoniously construed, and the table's heading does not make the notified figure commercial quantity (para 7). Charas must therefore exceed 1 kg to be commercial quantity; 1000 g is intermediate quantity and the rigours of Section 37 do not apply (para 8). The Court agreed with Ratto v. State of Himachal Pradesh and Vakil v. State of Haryana (para 8). Noting over two years in custody, a completed investigation and no NDPS antecedents, but six IPC cases shown by the State, it granted bail on stringent conditions so that he does not evade trial (para 9).