Order

1. These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.163/2024 registered at Police Station Pindwara, District Sirohi, for the offence punishable under Section 8/20 of the NDPS Act.

3. Learned counsel for the petitioners submitted that the recovery of the contraband was from ganja plants growing on the agricultural field, thus, conscious possession of the petitioners cannot be deduced. It was also submitted that as the whole plants were weighed without removing the stems, roots, leaves etc., the total weight of the 350 recovered plants of ganja recovered from the field cultivated by the petitioner- Vaktaram, i.e. 22.4 kilograms, can be safely assumed to be below the commercial quantity. Therefore, the embargo contained under Section 37 would not be attracted.

5. Pe