Calcutta HC granted bail to accused in NDPS case involving 8.509 kg ganja, citing custody duration and quantity classification.
The Calcutta High Court granted bail to Riju Kumar, accused in a case involving recovery of 8.509 kg of ganja under the NDPS Act. The court considered the intermediate nature of the quantity and the prolonged detention period in custody.
The Court observed that while ganja above 2 kg constitutes commercial quantity, the present threshold falls in a grey area where judicial discretion may be exercised keeping in mind personal liberty and stage of investigation.The ruling balanced strict anti-narcotics policy with constitutional rights against indefinite pre-trial detention.
Defence counsel should highlight detention duration and nuanced interpretation of drug thresholds to strengthen bail pleas in intermediate-quantity NDPS cases.
Citations
- NDPS Act
