Back
KULDEEP MATHUR
Suresh Lal S/o Moti Lal – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Kuldeep Mathur, J.
1. The present bail application has been filed under Section 483 of BNSS (439 Cr.P.C.) on behalf of the petitioner, who is in custody in relation to FIR No.68/2024, registered at Police Station Sadar Chittorgarh, District Chittorgarh for the offence under Sections 8/20 of the NDPS Act.
2. Learned counsel for the petitioner contended that the petitioner has falsely been implicated in the present case and the petitioner is in judicial custody since long. Learned counsel further contended 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 submitted that the leaves and stalks of cannabis plant are expressly excluded from the definition of Ganja. He further submitted that the Central Government Notification S.O. 527 dated 16th July, 1996 specifying small quantity and commercial quantity of Narcotics Drugs and Psychotropic Substances, does not prescribe any commercial and small quantity of cannabis plant. It is also submitted that the charge-sheet has already been filed and in similar facts and circumstances, the coordinate Benches
The definition of Ganja excludes leaves and seeds when not accompanied by flowering tops, affecting bail eligibility under the NDPS Act.
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 court established that the lack of a defined quantity for the cultivation of opium poppy under the NDPS Act allows for the possibility of bail, as the restrictions of Section 37 do not apply in s....
The court ruled that restrictions under Section 37 of the NDPS Act do not apply when no defined quantity for commercial classification exists, allowing bail.
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.
The absence of a defined quantity for the cultivation of opium poppy under the NDPS Act allows for the granting of bail, as the restrictions of Section 37 do not apply in such cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
