By Supreme Court Observes Liberal Approach On Ganja Bail
The Supreme Court, on September 16, 2026, orally observed that it takes a “very liberal” approach while considering bail pleas in cases involving Ganja under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The observation was made by a Bench of Justices MM Sundresh and PB Varale.
The Bench made the remark while hearing an anticipatory bail plea filed by Biswanath Mandal, a West Bengal resident accused in an NDPS case concerning the alleged seizure of 252.330 kg of Ganja. According to the prosecution, 15 packets containing 252.330 kg of Ganja were recovered from a house at Rajpur, Bairati.
Mandal had challenged a February 13, 2026 order of the Calcutta High Court that rejected his anticipatory bail application in connection with an FIR registered at Kotwali Police Station in Cooch Behar, Bengal. Mandal was not present when the search and seizure took place.
The High Court held that he could not completely disassociate himself from the premises, treating him as its owner, and referred to the restrictions imposed by Section 37 of the NDPS Act. Despite the oral observations, the Supreme Court did not grant Mandal anticipatory bail.
The quantity of cannabis involved in a case remains important when courts consider bail under the statute.
Petitioner Disputes Ownership Claims
Before the Supreme Court, Mandal’s counsel disputed the prosecution’s claim that he owned the house. It was argued that there was no title deed, revenue or municipal record, utility bill, rent receipt or other independent material establishing his ownership, possession or control over the premises.
The petitioner also claimed there was no recovery from him and no independent material linking him to conscious possession or participation in the alleged narcotics offence.
His plea further pointed out that his co-accused, described as his second wife, had been granted anticipatory bail by the High Court. The case remains pending before the Supreme Court.
The observation has prompted discussion about whether it indicates a new evaluation of the status of Ganja. Both Ganja and Cannabis refer to the same plant, but they carry different cultural and historical meanings.
The word Ganja comes from Sanskrit, while Cannabis is the scientific Latin name for the plant, derived from the Greek word “kannabis”.
Medicinal Use Debate Grows
Ayurvedic medicine in India has used Ganja for thousands of years, with ancient writings describing different strains and their uses for pain relief and spiritual meditation. In Ayurveda, cannabis is known as Vijaya or Bhanga and is classified as an Upavisha, a semi-toxic herb requiring strict purification and precise dosage.
It is mentioned in the Atharva Veda as one of five sacred plants. Ayurveda describes Cannabis as ‘Tamasic’, that which has the ability to numb a person’s senses.
Modern medical science now uses the term “Medical Cannabis”, the use of the plant or its chemical compounds to relieve symptoms of specific diseases. Key compounds include THC, the main psychoactive component, and CBD, a non-psychoactive compound known for anti-inflammatory and anti-anxiety properties.
