ORDER

Rajendra Saxena, J. – Heard, Perused the case diary.

It appears that on the source information, Badrilal, S.I., P.S., Bhim alongwith motbirs and police party raided the house of petitioner Dharam Chand Jain. In the open 'Bada' of his house, brinjal, 'Hara dhaniya' plants, a few plants of genus cannabis of the height of one feet to two feet were found standing. Those green cannabis plants, which were uprooted, weighed about 5 kgs. and out of those, a sample of about 1 kg. of green plants was sealed. The petitioner did not possess any licence for cultivating the said cannabis plants.

2. A perusal of the case diary reveals that those green cannabis plants had no flowers or fruiting tops. The sample of those green plants was sent to the F.S.L. but its report is still awaited. Section 2 (iii) (b) of the NDPS Act, 1985, defines 'ganja' which means the flowering or fruiting tops of the cannabis plant excluding the seeds and leaves when not accompanied by the tops, by whatever name they may be known or designated whereas cannabis plants as per Sec. 2(iv) means any plant of the genus cannabis. According to Modi's Medical Jurisprudence and Toxicology 1971 Edition vide page 693, 'Bhang'