[2026:RJ-JP:9968]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2263/2026 Suraj Prajapat S/o Shri Gopal Lal Prajapat, Aged About 33 Years, R/o Khati Kumhar Mohalla, Village Naila, Police Station Kanota, Jaipur East, At Present Tenant At Vishnu Pandits House, Chaturbhuj Mandir, Kuchaniyo Ka Mohalla, Kanota, Police Station Jaipur East. (At Present Accused Confined In Central Jail, Jaipur).

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma.

For Respondent(s) : Mr. Jitendra Singh Rathore, P.P.

assisted by Mr. Sapan Saini.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

09/03/2026

1. The instant bail application has been filed by the petitioner under Section 483 BNSS who has been arrested in connection with the FIR No.0054/2026 dated 24.01.2026 registered at the Police Station Kanota, District Jaipur City (East), for the offences under Sections 8 / 20 of NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the FIR while alleging that upon checking a coloured plastic bag, a muddy, ground-like sticky substance was found inside, which the police claim to be a narcotic substance, namely Ganja weighin 15.400 kg leaves and sticks. He submits that the entire material allegedly recovered by defined under the NDPS Act. He submits that only the flowering and fruiting tops of hemp plant (cannabis) are to be considered as ‘Ganja’. The stalk, wet leaves, branches etc do not come within the definition of ‘Ganja’. As per her submission, the leaves of cannabis plant come under the category of “Bhang”, possession of which is punishable under the Rajasthan Excise Act, thus he prays that if weight of wet leaves, stalks, branches and other material is deducted from the total weight, the exact quantity of ‘Ganja’ would be much less than the commercial quantity. However, he submits that there is nothing on record to show that flowering and fruiting tops were present over the plants or not. He vehemently submits that since the bifurcation has not been made by the Seizure Officer, therefore, it is now impossible to get the exact weight of the ‘Ganja’. Thus she prays that the petitioner may be released on bail as surely the recovered articles are much below than the commercial quantity.

3. Section 2 (iii)(b) of the NDPS Act reads as under: “2. Definitions.- In this Act, unless the context otherwise requires,-

(i). …. … (ii). …. …

(iii). “Cannabis (hemps)” means-

(a). ….

(b). ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds agnd leaves when not accompanied by the tops), by whatever name they may be known or designated; and …

4. Thus as per definition given above in the NDPS Act, only the flowering and fruiting tops of the cannabis plant come within the definition of ‘Ganja’. It is also manifested that leave of cannabis possession of the leaves of cannabis plant are amenable under the Rajasthan Excise Act.

5. Learned Public Prosecutor has opposed the bail application.

6. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.

7. Accordingly, the bail application is allowed and it is ordered that the accused-petitioner Suraj Prajapat S/o Shri Gopal Lal Prajapat, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

(DR.NUPUR BHATI),J S.Sharma- 31 /