Heard learned counsel for the parties.

The accused-petitioner has moved this application for grant of bail under Section 439 Cr.P.C. in respect of FIR No.865/2015 registered at Police Station Bayana, District Bharatpur for the offence under Section 8/20 of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as the “Act”).

The allegation against the petitioner is that he cultivated 400 plants of cannabis in his field without any valid license or permit. The further allegation against the petitioner is that 500 gm dry 'ganja' was found in his possession and that also without any valid license or permit. It is the case of prosecution that out of 400 cannabis plants, 50 plants and out of the recovered 'ganja', 200 gm 'ganja' were sent for chemical analysis to FSL and the report is still awaited.

It was submitted by the learned counsel for the petitioner that so far as 'ganja' allegedly recovered from the possession of the petitioner is concerned, it being of small quantity, to that extent the offence is bailable and the petitioner is entitled to be released on bail as of right. It was further submitted that a plant to come within the definition of a can