Rajasthan High Court - Jodhpur

Veera vs Sate Of Rajasthan (2025:Rj-Jd:25623) on 26 May, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:25623]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 5720/2025

Veera S/o Punja, Aged About 70 Years, R/o Tempran, Police
Station Anandpuri, District Banswara (Raj) (At Present Lodged At
District Jail Banswara)
                                                                   ----Petitioner
                                    Versus
Sate Of Rajasthan, Through The Public Prosecutor
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rajesh Saharan
For Respondent(s)         :     Ms. Sonu Manawat, PP


               HON'BLE DR. JUSTICE NUPUR BHATI

Order 26/05/2025

1. The instant bail application has been filed under Section 483

BNSS on behalf of the petitioner, who is in custody in relation to

F.I.R. No.271/2024 dated 07.12.2024, registered at Police Station

Anandpuri, District Banswara, for the offence under Section 8/20

of the NDPS Act.

2. The case of the prosecution is that upon search being made

by the police team on 07.12.2024 at around 11.30 am, they found

Cannabis plants were cultivated in the field of the petitioner and

on asking about the said plants, the petitioner stated that he was

having the possession of the same and thus, the petitioner was

arrested.

2. Learned counsel for the petitioner submits that several plants

of 'Ganja' were recovered and found to be cultivated by the

petitioner which weighed around 148 Kgs. Learned counsel for the

petitioner places reliance upon judgments of this Court passed in

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SB Criminal Misc. Bail Application No.9279/2022 (Vinod

Kumar Vs. State of Rajasthan through PP), SB Criminal

Misc. Bail Application No.538/2023 (Mohanlal Vs. State of

Rajasthan through PP), SB Criminal Misc. Bail Application

No.4883/2025 (Ladu Ram Vs. State of Rajasthan through

PP) SB Criminal Misc. II Bail Application No.6376/2024

(Guman Singh Vs. State of Rajasthan through PP) and SB

Criminal Misc. III Bail Application No.8683/2023 (Nandlal

@ Nand Singh Vs. State of Rajasthan through PP), SB

Criminal Misc. Bail Application No.3737/2025 (Jagdish Ram

Vs. State of Rajasthan through PP) wherein, this Court has

enlarged the accused-petitioners on bail while taking into

consideration the fact that embargo contained under Section 37 of

the NDPS Act, would not be attracted to such offence. He also

submits that as the whole plants were weighed without removing

the stems, roots, leaves etc., he thus, urges, that the present

petitioner shall also be enlarged on bail.

3. Learned Public Prosecutor opposes the bail application.

4. Heard learned counsel for the parties as well as perused the

material available on record.

5. This Court finds that the Notification issued in this regard

that specifies small and commercial quantity for Narcotic Drugs

and Psychotropic Substances i.e S.O. 1055 (E) dated 19th

October, 2001 published in the Gazette of India, Extra., Pt. II Sec.

3 (ii) dated 19th October, 2001 and the commercial quantity

specified therein for 'Ganja' is, 20 kgs. For the purpose of

determining the total weight of the recovered contraband 'Ganja'

[2025:RJ-JD:25623] (3 of 5) [CRLMB-5720/2025]

in the present case, the whole plants were taken into

consideration, including the seeds, roots, stems and leaves, along

with the soil as well, whereas only the flowering or fruiting tops of

the cannabis plants should have been taken into consideration for

weighing of contraband 'Ganja' as per the definition clause under

NDPS Act, as there was no bifurcation of seeds, roots, stems,

leaves and soil before weighing the recovered contraband. Thus, it

is safe to infer that the actual weight of ganja so recovered would

be less than the claimed weight and cannot be said to be of

commercial quantity.

6. Section 8(b) of the NDPS Act stipulates that the cultivation of

"any cannabis plant" is prohibited. Furthermore, Section 20 of the

NDPS Act outlines the punishment for contravention in relation to

cultivation of cannabis plant which is reproduced hereunder:

"20. Punishment for contravention in relation to cannabis plant and cannabis.- Whoever, in contravention of any provisions of this Act or any rule or order made or condition of licence granted thereunder,-

        (a)    cultivates any cannabis plant; or
        (b)    produces,     manufactures,        possesses,       sells,     purchases,

transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable-

(i)where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees

(ii)where such contravention relates to sub-clause (b),-- (A) and involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine, which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(C) and involves commercial quantity, with rigorous

[2025:RJ-JD:25623] (4 of 5) [CRLMB-5720/2025]

imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

6.1. On a bare persual of the aforementioned Section, this Court

finds that contravention in relation to cultivation of cannabis plant

is covered under Section 20(a) and the punishment for

contravention of the same is prescribed without any specification

of quantities. Therefore, the applicable provision prescribing

punishment for the offence under Section 8(b), which pertains to

the cultivation of the cannabis plant, would be Section 20(a)(i)