Supreme Court Signals Liberal Bail for 252.330kg Ganja Seizure

Justices MM Sundresh and PB Varale, sitting on the Supreme Court, told a hearing on Wednesday that the apex court is 'very liberal' in granting bail in marijuana cases. The comment came as they considered a plea filed by Biswanath Mandal, a West Bengal man accused in an NDPS case that alleged the recovery of 252.330 kg of ganja from a house in Rajpur, Bairati. Mandal had previously seen his anticipatory bail rejected by the Calcutta High Court on February 13 2026. The bench’s remarks, while not a final ruling, signal a shift in how the top court will treat such cases. NEWPAR Mandal argues he was absent when the police seized the drugs and that no evidence ties him to the property. He pointed to the absence of a title deed, utility bills or even a rent receipt to prove ownership of the house. He also highlighted that the co‑accused—his second wife—was granted anticipatory bail after the High Court noted no material was recovered, a relief that was not extended to him. The plea questions whether the court applied the same scrutiny to both parties. NEWPAR Under Section 37 of the NDPS Act, bail is not an absolute bar, and the Supreme Court has repeatedly stressed that each case must be assessed on its facts. In its decision, the bench cited earlier precedents that allow bail where there is no direct link between the accused and the contraband. Mandal also emphasized his willingness to cooperate, lack of prior convictions, and the fact that the charge sheet is already filed. NEWPAR The bench’s remark—'Come for bail we’ll give you'—has been interpreted by some legal analysts as a clear invitation for defendants in similar drug cases to seek bail at the apex court. Critics argue that such a stance may undermine deterrence, while supporters see it as a move towards proportional justice. NEWPAR Mandal has now filed a petition seeking leave to appeal the High Court order and requesting interim protection to stay the FIR under Sections 20(b)(ii)(C) and 29 of the NDPS Act. The Supreme Court will consider his bail application next, and a decision is expected by the end of the month.