JUDGMENT

Daya Chaudhary, J. (Oral) - Petitioners Roshan Kumar and Lalit @ Lalli have approached this Court by way of filing the present petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to them in case FIR No.471 dated 07.09.2017 under Sections 20, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short - 'NDPS Act') registered at Police Station Thanesar Sadar, Distt. Kurukshetra.

2. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the case, whereas they were not involved. The challan has been presented and, thereafter, charges have also been framed. As per the chemical examiner report, the description of the alleged contraband on the basis of physical appearance has been shown to be greenish brown vegetative material having flowering/fruiting top and seeds (1 and 2). As per the chemical examiner report, it was found to be of ganja. Learned counsel also submits that as per Section 2(iii) (b) of the NDPS Act it does not cover under the definition of ganja as ganja is having only the flowering and fruitful tops excluding the seeds and leaves. The FIR was registered on the basis