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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SATISH @ SONU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 custo
Leaves and seeds of cannabis without flowering tops do not constitute 'Ganja' under the NDPS Act.
Seeds and leaves without tops are not termed as Ganja.
The definition of 'Ganja' under the NDPS Act excludes leaves and seeds of cannabis plants, allowing bail for the accused-petitioner.
The definition of Ganja excludes leaves and seeds when not accompanied by flowering tops, affecting bail eligibility 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.
The court determined that improper weighing of ganja plants resulted in a quantity below the commercial limit, allowing bail despite NDPS Act restrictions.
Prolonged incarceration infringes the right to speedy trial, allowing bail despite statutory restrictions under the NDPS Act when the trial is unlikely to conclude promptly.
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