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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
KALU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1. This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.69/2024, registered at Police Station Shahpura, District Bhilwara, for offence under Section 8/20 of the NDPS Act .
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner contended that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that as per the prosecution, Ganja weighing 27.200 Kgs was recovered from the conscious and exclusive possession of the present petitioner on 15.03.2024.
4. Drawing attention of this Court towards the challan papers, learned counsel for the petitioner contended that recovered contraband (Ganja) does not fall within the definition of “Ganja” because it consists of leaves, seeds, buds and stalks of the cannabis plants. Learned counsel further submitted that the leaves and stalks of the cannabis plants are expressly excluded from the definition of Ganja. Learned counsel for the petitioner further submitted that as per the Central Government notif
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.
Seeds and leaves without tops are not termed as Ganja.
The definition of Ganja excludes leaves and seeds when not accompanied by flowering tops, affecting bail eligibility under the NDPS Act.
The definition of 'Ganja' under the NDPS Act excludes leaves and seeds of cannabis plants, allowing bail for the accused-petitioner.
Leaves and seeds of cannabis without flowering tops do not constitute 'Ganja' under the NDPS Act.
The court ruled that the petitioners were not in conscious possession of contraband and satisfied the conditions for bail under the NDPS Act.
The court granted bail to the petitioner, finding insufficient grounds for continued detention based on the nature of the charges and comparison with a co-accused already granted bail.
The court granted bail due to insufficient evidence against the petitioner and the absence of any risk of fleeing or re-offending.
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