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PRAVEER BHATNAGAR
Rajesh Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner -Rajesh Sharma. The accused-petitioner has been arrested in connection with FIR No.32/2024 registered at Police Station Khandar, District Sawai Madhopur for the offence(s) under Section 8/20 of the NDPS Act.
2. Learned counsel for the accused-petitioner submits that accused-petitioner is an innocent person and has falsely implicated in the matter. He further submits that police showing false recovery of the contraband article "Ganja" whereas the contraband article recovered was not "Ganja" but the same was "Bhang" and the petitioner himself is the Bhang contractor and having valid license in his name. He further submits that contraband (leaves) does not fall within the definition of "Ganja" because it consists of leaves, seeds, buds and stalks of the cannabis plants. 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 16.07.1996 specifying small quantity and commercial quantity of Narcotics Drugs and Psychotropic Substances, it does not pr
The definition of 'Ganja' under the NDPS Act excludes leaves and seeds of cannabis plants, allowing bail for the accused-petitioner.
Seeds and leaves without tops are not termed as Ganja.
Leaves and seeds of cannabis without flowering tops do not constitute 'Ganja' under the NDPS Act.
The court granted bail based on the lengthy duration of custody and the fact that co-accused had already been granted bail, without commenting on the merits of the case.
Point of Law : Police has filed this charge-sheet for cultivation of cannabis plants as also possession of Ganja, if it failed to prove at the time of trial, if at all they are able to prove, that to....
Section 20 of N.D.P.S. Act reads as punishment for contravention in relation to cannabis plant and cannabis.
The definition of Ganja excludes leaves and seeds when not accompanied by flowering tops, affecting bail eligibility under the NDPS Act.
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