Daya Chaudhary, J.

1. Petitioner-Jangir Singh has filed the present petition under Section 439 Cr.P.C. for grant of regular bail to him in case FIR No.93 dated 14.09.2017 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') registered at Police Station Budhlada, District Mansa.

2. Learned counsel for the petitioner submits that as per allegations levelled in the FIR, the petitioner was living the life of a Nihang Singh and was found to be in possession of Bhang contained in three bags. The total quantity of Bhang came to be 31 kg including the weight of three gunny bags. Learned counsel further submits that possession of leaves of Cannabis plants (Bhang) without top is not an offence under Section 20 of the NDPS Act. It does not fall within the definition of Cannabis (hemp) as defined under Section 2(iii) of the NDPS Act. The provisions of Section 20 of the Act are not applicable to the recovery effected from the petitioner. Learned counsel also submits that the alleged recovery may be in violation of Section 3(13) of the Punjab Excise Act, 1914, which is punishable under Section 61 of the Punjab Excise Act. Learned counsel