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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Deva – Appellant
Versus
State of Rajasthan – Respondent
Order :
This application for bail under Section 439 Cr.P.C . has been filed by the petitioner who has been arrested in connection with F.I.R. No.23/2025 registered at Police Station Nithuwa district Dungarpur, for the offence under Sections 8/20 of NDPS.
2. As per the prosecution, acting upon a secret information, a team of Police Station Nithuwa raided the field belonging to the present petitioner situated adjacent to his house and found ganja plants growing therein. The petitioner was arrested on the spot.
3. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the recovery of the contraband was of ganja plants growing on the agricultural field, thus, conscious possession of the petitioner cannot be deduced. It was also submitted that as the whole plants were weighed without removing the stems, roots, leaves etc., the said recovery amounts to an offence under section 20 (a) of NDPS act for which no commercial quantity has been prescribed. Therefore, the embargo contained under Section 37 would not be attracted.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is in j
The court determined that improper weighing of ganja plants resulted in a quantity below the commercial limit, allowing bail despite NDPS Act restrictions.
The court determined that improper weighing of ganja plants resulted in a quantity below the commercial threshold, allowing bail despite NDPS Act restrictions.
Section 20 of N.D.P.S. Act reads as punishment for contravention in relation to cannabis plant and cannabis.
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....
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 definition of Ganja excludes leaves and seeds when not accompanied by flowering tops, affecting bail eligibility under the NDPS Act.
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