Seeds And Leaves Without Tops Are Not Termed As Ganja: Rajasthan High Court While Granting Bail In NDPS Case

As per the Counsel for the Petitioner, Advocate Dinesh Kumar Pathak, the Petitioner was implicated in a false case. He further submitted that police showed false recovery of the contraband article "Ganja" whereas the contraband article recovered was not "Ganja" but the same was "Bhang" and the petitioner himself is the Bhang contractor with a valid licence in his name.

He further submitted that contraband (leaves) does not fall within the definition of "Ganja" because it consists of leaves, seeds, buds and stalks of the cannabis plants. As per the counsel of the accused, the leaves and stalks of the cannabis plant are expressly excluded from the definition of Ganja.

He went on to mention the Central Government notification S.O.527 dated July 16, 1996 specifying small quantity and commercial quantities of NDPS and argued that it does not prescribe commercial and small quantities of cannabis plant.

The Bench of Justice Praveer Bhatnagar after hearing the parties and noting the fact that 28.600 gms was recovered from the accused observed, “Section 2 (iii)(b) of the NDPS Act contains the definition of Ganja and as per definition clause flowering of fruiting tops of cannabis plant falls within the ambit of Ganja. The seeds and leaves without tops are not termed as Ganja.”

Therefore, the Court without commenting on the merits and demerits of the case, deemed it just and proper to enlarge the accused-petitioner on bail under Section 439 CrPC.

Rajasthan High Court ordered that the accused- petitioner Rajesh Sharma be released on bail provided he furnishes a personal bond of ₹1,00,000/- with two sureties of ₹50,000/- each to the satisfaction of the learned trial judge for his appearance.