S.K.Chattopadhyaya, J.

1. In this application under Secs. 439 and 440 of the Code of Criminal Procedure, an interesting question of law has been raised by Mr. Radhey Shyam Pandey, learned Counsel, for the Petitioner.

2. In order to appreciate his argument, some facts which are necessary, as follows:

First information report was lodged against the petitioner on the allegation that on 20-1-1994 at 2.30 p.m. the Officer-in-Charge raided the house of the petitioner and recovered one kilogram of ganja from the roof of the house. First information report was lodged for the said offence under Sec. 47(A) of the Excise Act and Sec. 16 of the Narcotic Drugs Act.

3. Mr. Pandey learned Counsel for the petitioner submits that the item ganja has defined in Sec. 2(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, the Act) which goes to show that ganja, that is 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. It is submitted that the first information report as well as the seizure list does not show that ganja which was alleged t