[2026:RJ-JP:3419]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15614/2025 Sitaram S/o Nathulal, Aged About 47 Years, R/o Koli Mohalla Baniyana, P.S. Lawan, District Dausa. At Present In District Jail Dausa.

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahaveer Singh Sherawat For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

23/01/2026

1. The instant bail application under Section 483 BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.47/2025 registered at Police Station Lawan, District Dausa for offence punishable under Section 8/20 of the NDPS Act. After completion of investigation, police filed charge-sheet in this matter.

2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that the cultivation of "any cannabis plant" is prohibited and made an offence under Section 8 of the NDPS Act whereas Section 20 of the NDPS Act discusses punishment for contravention in relation to cannabis plant and cannabis. He submits that as per the prosecution case, the petitioner was cultivating ganja plants in his field and total 136 plants weighing 76.970 kgs were recovered from his field. He contends that for the purpose of determining the total weight of the recovered contraband ganja, the whole plants were taken into consideration, including the seeds, roots, stems and leaves, along with the soil whereas only the flowering or fruiting tops of the cannabis plants should have been taken for weighing of contraband ganja as per the defining clause under NDPS Act. However, there was no bifurcation of seeds and leaves from the flowering or fruiting tops before weighing the recovered contraband. He submits that possibility cannot be ruled out that if only the flowering and fruiting tops are weighed, it will fall under the category of below commercial quantity. It is submitted that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel further submits that the petitioner is in custody since 24.05.2025 and further custody of the petitioner would not serve any fruitful purpose.

3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that 136 ganja plants weighing 76.970 kgs have been recovered from the field of the petitioner which falls under the category of commercial quantity. Thus, looking to the rigor of Section 37 of the NDPS Act, benefit of bail should not be extended to the petitioner. However, he fairly concedes that while determining the total weight of the recovered contraband, whole plants were taken into consideration, including the seeds, roots, stems and leaves, along with the soil.

4. I have considered the submissions made by both the parties and have perused the material available on record. The Co- ordinate bench of this Court has dealt with the issue related to the present bail application in the case of Vinod Kumar S/o Laxman @ Laxmi Narayan versus State of Rajasthan passed on 07.07.2022 in S.B. Criminal Misc. Bail App. No.9279/2022. The relevant part of the said order is reproduced as under:-

“i) The case of the prosecution is that the petitioner was cultivating ganja plants in his field and the quantity of the recovered plants is well above the commercial limit specified for contraband ganja. Section 2 of the NDPS Act contains the definitions and clause (iii) of the same defines what "cannabis (hemp)" means, through three sub-clauses. The sub-clause (b) of clause (iii) defines 'ganja' as "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". Sub-clause (viia) of Section 2 of the N.D.P.S. Act defines "commercial quantity" as any quantity