'American Ganja' Being More Expensive Than 'Indian Ganja' Doesn't Increase Culpability Under NDPS Act: Delhi High Court

Justice Girish Kathpalia made the observation while dealing with the plea of an NDPS Act accused, seeking bail.

The petitioner was arrested in possession of 871grams ganja, which is a small quantity.

Opposing his bail, prosecution contended that American ganja was recovered from the Petitioner, which is much more expensive than Indian ganja.

Rejecting this contention, the High Court said,

“The NDPS Act does not make any distinction between Indian ganja and American ganja.”

The prosecution also sought to contend that the Petitioner was a part of an international drug syndicate and it was suspected that he was to pick up parcels of 5137 grams of ganja intercepted by the Post office. To support this contention, it was submitted that the quality of ganja recovered from the Petitioner was the same as that found in the four parcels recovered at FPO.

However, the Court noted that the only material referred to in this regard was the visual observation of the Investigating Officer.

“I am unable to accept the argument that merely on the basis of visual observations of the IO, the ganja allegedly recovered from the accused/applicant can be said to be qualitatively similar to the ganja allegedly found in those four parcels and therefore the present accused/applicant can be connected with the latter. Admittedly, there is no forensic report in that regard,” it said.

The Court also refused to weigh in State's contention that the mobile phone location of the Petitioner at the time of recovery of the parcels was at the same place. It said,

“merely because of his presence in the area of the contraband, detected on the basis of his mobile phone location, his connection with the alleged transaction cannot be inferred. For, the mobile phone location is detected from mobile phone tower, which would cover hundreds of persons present in the area. In order to establish the charge of conspiracy, the prosecution has to bring some more cogent evidence.”

As such, the Court granted him bail on furnishing a personal bond in the sum of Rs.10,000/- with one surety.

Appearance: Mr. Akshay Bhandari and Mr. Anmol Sachdeva, Advocates for Petitioner; Mr. Aman Usman, APP for State with Inspector Arvind Kumar and ASI Mahesh Kumar, AGS/Crime Branch

Case title: Abdul Malik Alias Parvez v. State Govt Of NCT Of Delhi

Citation: 2025 LiveLaw (Del) 1039

Case no.: BAIL APPLN. 2465/2025

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