Rajasthan High Court - Jodhpur
Ashok vs State Of Rajasthan (2025:Rj-Jd:50640) on 24 November, 2025
[2025:RJ-JD:50640]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11606/2025
Ashok S/o Gehrilal, Aged About 32 Years, Resident Of Maha
Satiyon Ki Madari, Thana Kankroli, District Rajsamand (Raj.).
(Presently Lodged In District Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. JVS Deora.
For Respondent(s) : Ms. Sonu Manawat, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
24/11/2025
1. This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
the present matter. The requisite details of the matter are
tabulated herein below:
S. No. Particulars of the case
2. Police Station Gangrar
3. District Chittorgarh
4. Offences alleged in the Under Sections 8/20 of NDPS
FIR Act
5. Offences added, if any -
2. Heard learned counsel for the petitioner and learned Public
Prosecutor.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. Learned counsel
contends that although, as per the FIR, allegedly recovered
Narcotic contraband is Ganja Leaves & Ganja Seeds, however,
recovered Ganja Leaves & Ganja Seeds do not fall within the
definition of "Ganja" because they are part of cannabis plant,
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which consists of leaves, seeds, buds and stalks and the leaves &
stalks of cannabis plant are expressly excluded from the definition
of Ganja.
3.1. It is further submitted that the Central Government
Notification S.O. 527 dated 16th July, 1996 specifying small
quantity and commercial quantity of Narcotics Drugs and
Psychotropic Substances, does not prescribe any commercial and
small quantity of cannabis plant. It is also submits that the challan
has already been filed in this matter.
3.2. In support of his arguments, learned counsel relied upon
following orders and judgments of Coordinate Benches of this
Court and orders and judgments passed by the Hon'ble Bombay
High Court and the Hon'ble Gujarat High Court:
i. SB Cr. Misc. 2nd Bail No.4232/2017: Ladu Vs. State,
decided on 25.5.2017
ii. SB Cr. Misc. Bail Appl. No.4402/2020: Bhura Ram Vs.
State, decided on 27.5.2020
iii. SB Cr. Misc. Bail Application No.8874/2020 :
Dhanaram Vs. State, decided on 3.9.2020
iv. Anticipatory Bail Appl. No.2173/2022: Kunal Dattu
Kadu Vs. UOI, decided on 29.8.2022 (Bombay High
Court)
v. SB Cr. Misc. Bail Application No.12894/2021 :
Bhagchand Vs. State & Ors. decided on 4.10.2021
vi. SB Cr. Misc. Bail Application No.9279/2022 : Vinod
Kumar Vs. State of Raj, decided on 7.7.2022 vii. SB
Cr. Misc. Bail Application No.11230/2022 : Shrawan
Lal Meena Vs. State, decided on 22.7.2022
viii. Cr. Misc. Application No.22599/2021 : Fatesang @
Kalubhai Harisangbhai Masani Vs. State of Gujarat,
decided on 2.5.2022 (Gujarat High Court)
ix. Bail application No.951/2022: Santosh Apposo Naik
Vs. State of Maharashtra, decided on 13.5.2022
(Bombay High Court)
3.3. Learned counsel further submits that the petitioner is in
custody since long and the trial of the case will take sufficiently
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long time, therefore, benefit of bail may be granted to the
accused-petitioners.
4. Per contra, learned Public Prosecutor has vehemently
opposed the bail application, however, he is not in a position to
refute the fact that allegedly recovered narcotic contraband
"Ganja" (Leaves & Seeds) does not come under the definition of
NDPS Act.
5. Having considered the rival submissions, facts and
circumstances of the case and considering the fact that Section 2
(iii)(b) of the NDPS Act contains the definition of Ganja and as per
the 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; without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
6. Consequently, the instant bail application under Section 483
of BNSS (439 of Cr.P.C.) is allowed. It is ordered that the accused-
petitioner as named in the cause title, arrested in connection with
the above mentioned FIR, shall be released on bail, if not wanted
in any other case, provided he furnishes a personal bond of
Rs.50,000/- and two sureties of Rs.25,000/- each, to the
satisfaction of learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
15-/Jitender//-
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