Order

08/11/2024 The present bail application has been filed under Section 483 of BNSS (439 Cr.P.C.) on behalf of the petitioner, who is in custody in relation to FIR No.68/2024, registered at Police Station Sadar Chittorgarh, District Chittorgarh for the offence under Sections 8/20 of the NDPS Act.

Learned counsel for the petitioner contended that the petitioner has falsely been implicated in the present case and the petitioner is in judicial custody since long. Learned counsel further contended that the recovered contraband (Ganja plants) does not fall within the definition of "Ganja" because it consists of leaves, seeds, buds and stalks of the cannabis plants. Learned counsel submitted that the leaves and stalks of cannabis plant are expressly excluded from the definition of Ganja. He further submitted that the Central Government Notification S.O. 527 dated 16th July, 1996 specifying small quantity and commercial quantity of Narcotics Drugs and Psychotropic Substances, does not prescribe any commercial and small quantity of cannabis plant. It is also submitted that the charge-sheet has already been filed and in similar facts and circumstances, the coordinate Benches of this Court