Order

1. Petitioner has filed this bail application under Section 483 B.N.S.S., arising out of F.I.R. No.219/2024 registered with the Police Station Chaksu, District Jaipur City (South) for offence under Section 8/20 of the N.D.P.S. Act, 1985.

2. As per the prosecution, on 18.05.2024, acting upon a secret information, the Sub-inspector of Police Station Chaksu, District Jaipur City (South) along with his team reached at village Chhandel Kalan, and upon a search being made, found 850 plants of Ganja growing therein illegally by the accused-petitioner and upon weighing the same, it was found to be a total of 84.380 Kg.

The accused-petitioner was arrested on the spot.

3. Considered the submissions made by counsel for the petitioner as well as learned Public Prosecutor and also perused the material made available on record.

4. Learned counsel for the accused petitioner submits that the accused-petitioner is an innocent person and he has been falsely implicated in the matter. She further submits that contraband (leaves) do not fall within the definition of ganja because it consists plants. The leaves and stalks of cannabis plant are expressly excluded from the definition of ganja. She further submits that as per the Central Government Notification S.O.527 dated 16.07.1996 specifying small quantity and commercial quantity of Narcotics Drugs and Psychotropic Substances, it does not prescribe "Small Quantity" and "Commercial Quantity" of the cannabis plant. She also submits that the accused-petitioner is in custody since 18.05.2024 and the Police after completion of investigation has already submitted charge-sheet in the matter.

Therefore, the accused-petitioner may be released on bail.

5. Learned Public Prosecutor vehemently opposed the bail application.

6. The leaves of cannabis plant (ganja) containing 84.380 Kg. are shown to be recovered from possession of the accused- petitioner and as per the provisions of Section 2(iii)(b) of the NDPS Act, flowering or fruiting tops of cannabis plant falls within the ambit of ganja. The seeds and leaves without tops are not termed as ganja. Thus, the Court without commenting anything on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

7. This bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.

8. In case the accused-petitioner is found to be involved in any other criminal case of similar nature in future, the prosecution may move application for cancellation of his bail.