Order

07/04/2025

1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.44/2024 registered at Police Station Jhallara, District Salumbar, for offences under Section 8/20(a) of the NDPS Act.

2. As per the prosecution, acting upon a secret information, a team of Police Station Jhallara raided the field belonging to the present petitioner and found 240 cannabis plants growing between the crops of wheat and corn.

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 cannabis 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 Section 37 would not be attracted.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody