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2023 Supreme(SC) 925
SUPREME COURT OF INDIA
Hrishikesh Roy, Manoj Misra, JJ.
Hasubhai Kamabhai Thakor – Appellant
Versus
The State of Gujarat – Respondent
Petition(s) For Special Leave To Appeal (Crl.) No(s).2523/2023
Decided On : 26-04-2023
Mr. Somesh Chandra Jha, Advocate, Mr. Mayank Gautam, Advocate, Mr. Parvez Alam, Advocate, Mr. Alok M Thakkar, Advocate and Mr. Nilay V Suchak, Advocate, for the Appellant; Mr. Rajat Nair, Advocate, Ms. Swati Ghildiyal, Advocate and Ms. Devyani Bhatt, Advocate, for the Respondent.
Interpretation of what constitutes a banned contraband under Section 2(iii)(b) of the NDPS Act and its relevance to granting bail in cases involving supply of Ganja seeds for plantation.
Headnote:NDPS Act - Bail Application - Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
Fact of the Case:
The petitioner challenged the rejection of his bail petition by the High Court under the impugned order. The petitioner was in custody for supplying Ganja seed for cultivation.Finding of the Court:
Considering that Ganja seeds are not a banned contraband as per the definition in Section 2(iii)(b) of the NDPS Act, and there were no specific allegations of intention to receive back grown Ganja after cultivation, the court deemed it appropriate to release the petitioner on bail.Issues:
Whether supplying Ganja seeds for plantation constitutes a bailable offense under the NDPS Act.Ratio Decidendi:
The court interpreted the definition of Ganja under Section 2(iii)(b) of the NDPS Act and considered the absence of specific allegations regarding intention to receive back grown Ganja after cultivation in granting bail.Final Decision:
The petitioner was released on bail subject to terms and conditions imposed by the Trial Court.ORDER
1. Heard Mr. Somesh Chandra Jha, learned counsel appearing for the petitioner. Also heard Mr. Rajat Nair, learned counsel appearing for the respondent-State.
2. The petitioner is in custody since 20.05.2022 and he is before this Court challenging the rejection of his bail petition by the High Court under the impugned order.
3. The materials on record show that the petitioner has supplied Ganja seed for cultivation and as per the definition of Ganja in Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), it is not a banned contraband. There are no specific allegation that the Ganja seeds were supplied by the petitioner to the other person with an intention to receive back the grown Ganja after cultivation.
4. The respondent-State has not filed any counter affidavit in the matter but from the materials made available, it can be seen that at best the petitioner can be said to have supplied Ganja seeds for plantation.
5. Taking the above into account and the incarceration of the petitioner since 20.05.2022 as also noticing that the chargesheet has already been filed, we deem it appropriate to release the petitioner on bail. Accordingly, the petitioner be released on bail subject to the terms and conditions to be imposed by the learned Trial Court.
6. With the above order, the Special Leave Petition is disposed of. The observations in this order will have no bearing in the case either of the prosecution or of defence, in the trial.
7. Pending application(s), if any, stand closed.
