IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL

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ON THE 15 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 45003 of 2025 AYUSH KUMAR PATEL Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Prahlad Choudhary, learned Senior Advocate along with Shri Vipin Kumar Badharia, learned counsel for the applicant.

Shri K.S. Patel, learned Panel Lawyer for respondent/State.

ORDER This is second bail application filed on behalf of applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. The applicant is in jail since 29.06.2025 in connection with Crime No.764/2025 registered at P.S. - GRP Katni, District- Katni for the offence punishable under Sections 8/20 of NDPS Act. Applicant's first bail application was dismissed as withdrawn on 08/09/2025.

3. Prosecution story, in brief, is that applicant was found in possession of 5.300 kgs and co-accused- Sonu was found in possession of 4.145 kgs ganja.

4. Learned counsel for the applicant submits that applicant is in jail since 29.06.2025. It is further submitted that in Dehati Nalsi, date of receiving of information is mentioned as 22/04/2025, whereas the incident is said to have occurred on 29/06/2025 and the FIR has been lodged on 29/06/2025. It is also submitted that as per seizure memo, 4.145 kgs ganja has been recovered from co-accused-Sonu and 5.300 kgs has been recovered from Patel and it contains moisture and if it becomes dry, then weight of ganja will be reduced substantially. After referring the FSL report, it is urged that the aforesaid weight of ganja includes the flowering and fruiting tops of the cannabis plant including seeds and leaves, whereas as per the definition of 'Ganja' mentioned in Section 2(iii)(b) of NDPS Act, "ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated". In view of the aforesaid definition of ganja, the seeds and leaves have to be excluded and only flowering or fruiting tops have to be weighed. It is also urged that the seized ganja contains 60% water, and after drying, the weight of ganja would be reduced to 25% to 40%, resulting in a final weight of approximately 1 kg, which is a small quantity.

5. In support of aforesaid contentions, learned senior counsel for the applicant has referred the case of Ibrahim Khwaja Miya Sayyed @ Raju Vs. State of Maharashtra (Bail Application No.1296/2022 decided on 17.03.2023) and Killo Subbarao and another Vs. State of Andhra Pradesh (passed in Criminal Petition No.5306/2025 decided on 23.06.2025). Further referring to Para 4,5,7 & 9 of Dayaram Singh and another Vs. State of M.P. (M.Cr.C. No.7965/2011), it is urged that until and unless, the percentage of tetrahydrocannabinol is mentioned, it cannot be said that the alleged contraband is ganja. Further, after referring the aforesaid judgment of Dayaram Singh (supra), it is urged that percentage of tetrahydrocannabinol should be 25% in case of ganja. As in FSL report, the percentage of tetrahydrocannabinol is not mentioned, therefore, it cannot be said that articles seized in this case from the applicant and co-accused is ganja.

6. Learned senior counsel for the applicant also submits that the applicant and co-accused are LLB students and they are not resident of Katni. Both belongs to Uttar Pradesh. It also submitted that on 27/06/2025 both were returning from Heerakund Express after visiting Jaganathpuri. They were caught without ticket at Umariya Station while travelling and they were deboarded at Mudwara on 27/06/2025 itself. Time of arrival of Heerakund Express at Mudwara station is 12:30 p.m. They both were kept in custody by GRP and RPF from 27/06/2025 to 29/06/2025. The applicant has sought CCTV footage of various stations. Further in FIR is dated 29/06/2025 and it has been registered at 13:10, whereas in arrest memo the time mentioned is 6:55 p.m. In FIR, all the procedure and