1. Petitioner is accused of commission of an offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short) in Crime No. 175/2016 registered by Harapanahalli Police Station.

2. Heard Shri Gopalakrishnamurthy C. learned counsel for the petitioner and Shri B. Vishweshwaraiah, learned HCGP for the respondent-State and perused the records.

3. The case of the prosecution is that, in the morning of *16.10.2016, the police received a credible information that some person was making efforts to sell ‘Ganja’. In pursuance thereof, they found accused in possession of 4 Kgs and 100 grams of ‘Ganja’. He was arrested and Ganja seized.

4. Shri. Gopalakrishnamurthy C. learned Counsel for the petitioner submitted that this Court has taken a view that ‘Ganja leaf’ is not the same as ‘Ganja’ as *[Corrected vide Court order dated 15.2.2017] described in Section 2(iii)(b) of the NDPS Act. He has placed a reliance on an order dated 5.11.2016 in Crl. P. No. 8089/2016 in support of his contention. He further contended ‘Ganja’ seized in the said case was 4 Kgs and it is almost the same in the case on hand. With these submissions, learned Counsel for the p