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2023 Supreme(Raj) 119

MADAN GOPAL VYAS
Ramesh S/o Fagana – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Bharat Nath Yogi
For the Respondent: Mr. Mukhtiya Khan

ORDER :

1. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.66/2022, Police Station Mandwa, District Udaipur for the offence under Section 8/20 of the NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that the petitioner is in judicial custody since long. Learned counsel further argues that the recovered contraband (Ganja plants) does not fall within the definition of "Ganja" because it consists of leaves, seeds, buds and stalks of the cannabis plants. Learned counsel submits that the leaves and stalks of cannabis plant are expressly excluded from the definition of Ganja. He further submits that as per Central Government notification S.O. 527 dated 16th July, 1996 specifying small quantity and commercial quantity of Narcotics Drugs and Psychotropic Substances, it does not prescribe commercial and small quantity of cannabis plant. It is also submitted that the charge-sheet has been filed. He further submits that in similar circumstances, the coordinate Bench of this Court granted indulgence of ba

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