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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE KULDEEP MATHUR, J
Mohan, S/o Chamna Bhagora – Appellant
Versus
State Of Rajasthan, – Respondent
Order :
(KULDEEP MATHUR, J.)
1. This application for bail under Section 483 ofBNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.110/2025 registered at Police Station Garhi, District Banswara, for offences under Sections 8/20 of the NDPS Act .
2. As per the prosecution on 21.03.2025, acting upon a secret information, a team of Police Station Garhi raided the field belonging to the present petitioner, registered in the name of his father- Chamna Bhagora situated near DP and found 127 ganja plants weighing 15.210 kgs. 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
The court determined that improper weighing of ganja plants resulted in a quantity below the commercial threshold, allowing bail despite NDPS Act restrictions.
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 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.
The absence of a defined quantity for the cultivation of opium poppy under the NDPS Act allows for the granting of bail, as the restrictions of Section 37 do not apply in such cases.
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.
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