Rajasthan High Court
Satyanarayan S/O Bhojraj vs State Of Rajasthan on 29 November, 2021
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 15395/2021
Satyanarayan S/o Bhojraj, Aged About 44 Years, R/o Khatik
Mohalla Khwas Ps Kekri Dist. Ajmer Presently Confined In Dist.
Jail Ajmer
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mrs. Sudesh Kasana
For Respondent(s) : Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
29/11/2021
The present bail application has been filed under Section 439
Cr.P.C. The petitioner has been arrested in connection with FIR
No.237/2021 registered at Police Station Gandhinagar, Ajmer for
the offence under Sections 8/20 NDPS Act.
Learned counsel for the petitioner has vehemently submitted
that entire proceedings have been conducted in caviliar manner
and accordingly defective procedure has been adopted for seizure
of the alleged contraband. She submits that as per memo of
recovery, net weight of 'Ganja' has been shown to be 21.970 kg
after reducing weight of poly bag container and net weight of
2.990 kg 'Ganja' has been recovered from another accused
Arvind. He submits that the entire material allegedly recovered by
the Seizure Officer do not come within the definition of 'Ganja' as
(2 of 3) [CRLMB-15395/2021]
defined under the NDPS Act. She submits that only the flowering
and fruiting tops of hemp plant (cannabis) are to be considered as
'Ganja'. The stalk, wet leaves, branches etc do not come within
the definition of 'Ganja'. As per her submission, the leaves of
cannabis plant come under the category of "Bhang", possession of
which is punishable under the Rajasthan Excise Act, thus she
prays that if weight of wet leaves, stalks, branches and other
material is deducted from the total weight, the exact quantity of
'Ganja' would be much less than the commercial quantity.
However, she submits that there is nothing on record to show that
flowering and fruiting tops were present over the plants or not.
She vehemently submits that since the bifurcation has not been
made by the Seizure Officer, therefore, it is now impossible to get
the exact weight of the 'Ganja'. Thus she prays that the petitioner
may be released on bail as surely the recovered articles are much
below than the commercial quantity.
Section 2 (iii)(b) of the NDPS Act reads as under:
"2. Definitions.- In this Act, unless the context otherwise
requires,-
(I) ...
(ii) ...
(iii) "Cannabis (hemps)" means-
(a) ...
(b) ganja, that is, the flowering or fruiting tops of the
cannabis plant (excluding the seeds agnd leaves when not
accompanied by the tops), by whatever name they may be known
or designated; and ...
(3 of 3) [CRLMB-15395/2021]
Thus as per definition given above in the NDPS Act, only the
flowering and fruiting tops of the cannabis plant come within the
definition of 'Ganja'. It is also manifested that leave of cannabis
come within the definition of 'Ganja' and accused having
possession of the leaves of cannabis plant are amenable under the
Rajasthan Excise Act.
Learned Public Prosecutor has opposed the bail application.
Considering the contentions put-forth by the counsel for the
petitioner and taking into account the facts and circumstances of
the case and without expressing any opinion on the merits of the
case, this court deems it just and proper to enlarge the petitioner
on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner Satyanarayan
S/o Bhojraj shall be enlarged on bail provided he furnishes a
personal bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- 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.
(FARJAND ALI),J
SANDEEP RAWAT /23/16
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