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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.590 of 2021

Kallappa Irappa Biradar

.. Applicant

Versus

The State of Maharashtra

.. Respondent

…

Mr. Umesh Mankapure for the applicant.

Mr.A.K. Kapadnis, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 20^th AUGUST, 2021

P.C:-

1

The applicant is charge-sheeted in C.R.No. 69 of

2020 for the offence punishable under Section 20(b), 22 and 8(c)

of NDPS Act, and being arrested on 6^th October 2020, he seek

his release on bail.

2

The foremost ground on which the bail is sought is,

the ganja seized and sent for panchnama is not the flowering or

fruiting but the entire plant has been seized and this do not fall

within the purview of ganja as defined in Section 2(ii)(b) of the

NDPS Act.

3

With the assistance of learned counsel for the

applicant and the learned APP, I have perused the entire charge-

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sheet which include the panchnama. On information received

about cultivation of ganja in sugarcane crop on the field of the

applicant, the raiding team arrived in the field situated at Gut No.

529, Taluka Umrani which is cultivated by the present applicant.

In the sugarcane crop which was cultivated, ganja plants with 3 to

7 ft in height were found and when the leaves of the plants were

crushed, it smelt like ganja. All the plants were thereafter

uprooted and filled in 16 different plastic sacks which was

weighed and found to be measured 147.7 kgs with valuation of

Rs.8,86,200/-. The samples to the effect of 102 gms were drawn

and placed in a brown colour bag and remaining ganja was filled

in 16 sacks and came to be sealed. The muddemal pavti also

record presence of green colour ganja leaves with pungent small

on the plants with height of 3 to 7 ft, packed in the sacks.

4

The charge-sheet compile statements of the persons

present in the raiding part and unequivocally, they speak of

uprooting of ganja plants and its weight being 147.7 kgs.

5

The NDPS Act aim to regulate and control operations

relating to Narcotics Drug and Psychotropic Substances and

prevent its illicit traffic. Chapter III of the said Act enumerate

provisions for Prohibition, Control and Regulation of Narcotics

Drug and Psychotropic Substance. The definition clause spell

various such substances and Section 2(iii)(b) describe Ganja, as

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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. ‘Cannabis Plant’ is

defined to mean any plant of the genus cannabis.

Section 8 prohibit certain operations being described

as under :-

a) cultivate any coca plant or gather any portion

of coca plant;

or

(b) cultivate the opium poppy or any cannabis

plant;

or

(c) produce, manufacture, possess, sell, purchase,

transport, warehouse, use, consume, import inter-

State, export inter-State, import into India, export

from India or tranship any narcotic drug or

psychotropic substance, except for medical or

scientific purposes and in the manner and to the

extent provided by the provisions of this Act or

the rules or orders made thereunder.

6

The Act also define the term ‘manufacturing’ in

Clause-xx and define ‘production’ in Section 2(xxii) to mean the

separation of opium of opium, poppy straw, coca leaves or

cannabis from the plants from which they are obtained. The

applicant is charged under Section 8(c) which prohibit

production, manufacturing, possession, sale, purchase,

transportation, warehousing, concealment, use or consumption,

T