[2026:RJ-JD:3711]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14042/2025 Nana S/o Dubla, Aged About 55 Years, Resident Of Jalda, Ps.kalinjara, District Banswara. (At Present Lodged In Jail Banswara)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Raghuveer Singh Bhati For Respondent(s) : Mr. Hanuman Prajapati, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

21/01/2026

1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioner, who is in custody in relation to F.I.R. No.213/2025, registered at Police Station Kalinjara, District Banswara, for the offence under Section 8/20 of NDPS Act.

2. Learned counsel for the petitioner submits that several plants of ‘Ganja’ were recovered and found to be cultivated by the petitioner which weighed around 25.950 kgs. Learned counsel for the petitioner places reliance upon judgments of this Court passed in SB Criminal Misc. Bail Application No.9279/2022 (Vinod Kumar Vs. State of Rajasthan through PP), SB Criminal Misc. Bail Application No.538/2023 (Mohanlal Vs. State of Rajasthan through PP), SB Criminal Misc. Bail Application No.4883/2025 (Ladu Ram Vs. State of Rajasthan through PP) SB Criminal Misc. II Bail Application No.6376/2024 (Guman Singh Vs. State of Rajasthan through PP) and SB Criminal Misc. III Bail Application No.8683/2023 (Nandlal @ Nand Singh Vs. State of Rajasthan through PP), SB Criminal Misc. Bail Application No.3737/2025 (Jagdish Ram Vs. State of Rajasthan through PP) wherein, this Court has enlarged the accused-petitioners on bail while taking into consideration the fact that embargo contained under Section 37 of the NDPS Act, would not be attracted to such offence. He also submits that as the whole plants were weighed without removing the stems, roots, leaves etc., he thus, urges, that the present petitioner shall also be enlarged on bail.

3. Learned Public Prosecutor opposes the bail application.

4. Heard learned counsel for the parties as well as perused the material available on record.

5. This Court finds that the Notification issued in this regard that specifies small and commercial quantity for Narcotic Drugs and Psychotropic Substances i.e S.O. 1055 (E) dated 19^th October, 2001 published in the Gazette of India, Extra., Pt. II Sec. 3 (ii) dated 19th October, 2001 and the commercial quantity specified therein for ‘Ganja’ is, 20 kgs. For the purpose of determining the total weight of the recovered contraband ‘Ganja’ in the present case, the whole plants were taken into consideration, including the seeds, roots, stems and leaves, along with the soil as well, whereas only the flowering or fruiting tops of the cannabis plants should have been taken into consideration for weighing of contraband ‘Ganja’ as per the definition clause under NDPS Act, as there was no bifurcation of seeds, roots, stems, leaves and soil before weighing the recovered contraband. Thus, it is safe to infer that the actual weight of ganja so recovered would be less than the claimed weight and cannot be said to be of commercial quantity.

6. Section 8(b) of the NDPS Act stipulates that the cultivation of “any cannabis plant” is prohibited. Furthermore, Section 20 of the NDPS Act outlines the punishment for contravention in relation to cultivation of cannabis plant which is reproduced hereunder:

“20. Punishment for contravention in relation to cannabis plant and cannabis.- Whoever, in contravention of any provisions of this Act or any rule or order made or condition of licence granted thereunder,-

(a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable-

(i)where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees (ii)where such con