Supreme Court On Bail Cases Involving Marijuana — “We Are Very Liberal”

Supreme Court On Bail Cases Involving Marijuana — "We Are Very Liberal"

The Supreme Court stated on Wednesday that it adopts a liberal approach when granting bail in cases related to ganja (marijuana). This declaration came during the hearing of a bail plea from a West Bengal man who is facing charges in a Narcotic Drugs and Psychotropic Substances (NDPS) case involving the alleged recovery of 252.330 kg of ganja.

A bench of Justices MM Sundresh and PB Varale verbally observed that accused persons can approach the Supreme Court for bail in such cases once their bail pleas are rejected by the lower court, implying the top courts’ relative leniency in matters involving Ganja. “Come for bail we’ll give you. See, when it comes to Ganja, we are very liberal. Whenever it comes to us, we grant bail. The accused Mandal is represented by Advocate Anish Roy.

The plea has been filed by Biswanath Mandal, challenging the Calcutta High Court’s February 13, 2026 order rejecting his application for anticipatory bail in connection with a complaint registered at Kotwali Police Station in Cooch Behar. The case relates to the alleged seizure of 15 packets containing a total of 252.330 kg of ganja from a house at Rajpur, Bairati. Through the plea, Mandal seeks leave to appeal against the February 13 High Court order and appropriate relief in the matter. He has also sought interim protection by asking the Supreme Court to stay the operation of the FIR registered at Kotwali Police Station under Sections 20(b)(ii)(C) and 29 of the NDPS Act.

Get a dismissal and come here; we will give you bail,” the Court said.

The plea further states that there was no recovery from Mandal, disclosure or statement by him, or independent evidence linking him to conscious possession or participation in the alleged narcotics trade.

The investigation did not produce any title deed, revenue or municipal record, utility bill, rent receipt or other independent material to establish Mandals’ ownership, lawful possession or control over the premises of the said house, according to the plea.