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[2026:RJ-JD:24732]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 2nd Bail Application No. 4152/2026

Bheru Singh S/o Narayan Singh, Aged About 58 Years, Shivpura

Police Station Badisadri District Chittorgarh (Presently Lodged At

Dist. Jail, Chittorgarh)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Surendra Singh Shaktawat

For Respondent(s) : Mr. Narendra Gehlot, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/05/2026

1. An application for bail under Section 483 BNSS, 2023 has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.228/2025 registered at Police Station Badisadri, Dist.

Chittorgarh, for the offences punishable under Sections 8/20 of NDPS

Act.

2. Learned counsel for the petitioner submitted that the

contraband recovered from the present petitioner is leaves of

cannabis plant. Learned counsel submitted that as per the definition

of ‘Ganja’ under Section 2(iii)(b) of the NDPS Act, mere leaves and

seeds, in absence of fruiting and flowering tops would not bring the

substance within the purview of term ‘Ganja’.

3. To substantiate this contention, learned counsel for the

petitioner drew attention of the Court towards the order dated

24.05.2023 passed by this Court in the case of Hammid vs. State

of Rajasthan (S.B. Criminal Miscellaneous Bail Application

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No.6174/2023) wherein this Court has held that the leaves and

seeds of the cannabis plant without fruiting or flowering tops would

not bring the substance within the definition of ‘Ganja’ provided

under NDPS Act.

4. Lastly, learned counsel submitted that the petitioner is in

judicial custody and the trial of the case will take sufficiently long

time, therefore, the benefit of bail may be granted to the accused-

petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed

the bail application and submitted that as per the seizure memo, at

the time the contraband was recovered from the present petitioner,

the cannabis plant was containing leaves and, therefore, at this

stage, till the FSL report is received, it cannot be cannot said that the

recovered contraband would not fall within the definition of ‘Ganja.’

6. Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

7. From perusal of the recovery memo, it is apparent that the

recovered contraband did not contain fruiting or flowering tops and in

view of the same, this Court is of the prima facie opinion that the

same does not fall within definition of ‘Ganja’ provided under NDPS

Act.

8. Having considered the rival submissions, facts and

circumstances of the case and particularly keeping in view the fact

that the petitioner is in judicial custody; the investigation against the

petitioner has already been completed and challan against him has

already been filed, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the bail

applications filed by the petitioner deserve to be accepted.

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9. Consequently, the bail application under Section 483 BNSS, is

allowed. It is ordered that the accused-petitioner Bheru Singh S/o

Narayan Singh arrested in connection with F.I.R. No.228/2025

registered at Police Station Badisadri, Dist. Chittorgarh, shall be

released on bail, if not wanted in any other case, provided he

furnishes a personal bond of Rs.1,00,000/- and two sureties of

Rs.50,000/- each, to the satisfaction of learned trial court, for his

appearance before that court on each & every date of hearing and

whenever called upon to do so till completion of the trial.

10. It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The tri