Leaves and seeds of cannabis without flowering tops do not constitute 'Ganja' under the NDPS Act.

Order :

1. These applications for bail under Section 439 Cr.P.C . have been filed by the petitioners who have been arrested in connection with F.I.R. No.471/2024 registered at Police Station Suratgarh, Dist. Sri Ganganagar, for the offences punishable under Sections 8/20 of NDPS Act .

2. Learned counsel for the petitioners submitted that the contraband recovered from the present petitioners is leaves of cannabis plant. Learned counsel submitted that as per the definition of ‘Ganja’ under Section 2(iii)(b) of the NDPS Act , mere leaves and seeds, in absence of fruiting and flowering tops would not bring the substance within the purview of term ‘Ganja’.

3. To substantiate this contention, learned counsel for the petitioner drew attention of the Court towards the order dated 24.05.2023 passed by this Court in the case of Hammid vs. State of Rajasthan ( S.B. Criminal Miscellaneous Bail Application No.6174/2023 ) wherein this Court has held that the leaves and seeds of the cannabis plant without fruiting or flowering tops would not bring the substance within the definition of ‘Ganja’ provided under NDPS Act .

4. Lastly, learned counsel submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail applications and submitted that as per the seizure memo, at the time the contraband was recovered from the present petitioner, the cannabis plant was containing leaves and, therefore, at this stage, till the FSL report is received, it cannot be cannot said that the recovered contraband would not fall within the definition of ‘Ganja.’

6. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

7. From perusal of the recovery memo, it is apparent that the recovered contraband did not contain fruiting or flowering tops and in view of the same, this Court is of the prima facie opinion that the same does not fall within definition of ‘Ganja’ provided under NDPS Act .

8. Having considered the rival submissions, facts and circumstances of the case and particularly keeping in view the fact that the petitioners are in judicial custody; the investigation against the petitioners have already been completed and challan against them has already been filed, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.

9. Consequently, these bail applications under Section 439 Cr.P.C . are allowed. It is ordered that the accused-petitioners (1) Subhash Yadav S/o Amika Yadav and (2) Satish @ Sonu S/o Kishan Lal arrested in connection with F.I.R. No.471/2024 registered at Police Station Suratgarh, Dist. Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

10. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

11. A copy of this order be placed in each file.