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1996 Supreme(Raj) 124

R.R.YADAV
Manjee – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Lalit Kawadia, for Appellant JPS Choudhary, Public Prosecutor

Honble YADAV, J. – Heard.

(2). This is second bail application. First bail application was rejected on 13.11.95 as not pressed for the reason that challan and F.S.L. report were not available to the accused applicant at that stage.

(3). Perused the copy of charge-sheet furnished to accused applicant under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as `N.D.P.S. Act) for cultivating cannabis plants of `Ganja.

(4). It is true that the cannabis plant and cannabis (Hemp) are two different contrabands under N.D.P.S. Act. Cannabis (Hemp) is defined under Sec. 2 (iii) of the said Act which includes Charas and Ganja and also any mixture with or without any natural material of any of the above forms of cannabis or any drink prepared therefrom.

(5). Charas is defined under Sec. 2 (iii) (a) of the N.D.P.S. Act which means separated resin in whatever form whether crude or purified obtained from the cannabis plant and also includes concentrated preparation and resin known as Hashish oil or liquid hashish.

(6). Under Sec. 2 (iii)(b) of the N.D.P.S. Act Ganja is also defined according to which Ganja is flowering or fruiting tops of the cannabis plant (ex




















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