2024 (2) TMI 1440 - HC - Indian Laws

Seeking grant of bail - smuggling - recovery of contraband - Ganja/Bhang - offence(s) under Section 8/20 of the NDPS Act - HELD THAT - The leaves of cannabis plant containing 28.600 gms are shown to be recovered from the accused-petitioner. 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 without commenting anything on the merits/demerits of the case it is deemed just and proper to enlarge the accused-petitioner on bail. The bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Rajesh Sharma S/o Murari Lal in connection with FIR No.32/2024 registered at Police Station Khandar District Sawai Madhopur shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1, 00, 000/- with two sureties of Rs.50, 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. Bail application allowed.

Summary

The bail application under Section 439 Cr.P.C. is allowed for accused-petitioner Rajesh Sharma in connection with FIR No.32/2024 for NDPS Act offence. Accused-petitioner to be released on bail upon furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each. The recovery of cannabis plant leaves does not constitute Ganja as per NDPS Act definition.