LAWS(SC)-2023-4-160

HASUBHAI KAMABHAI THAKOR Vs. STATE OF GUJARAT

Decided On April 26, 2023
Hasubhai Kamabhai Thakor Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Signature Not Verified Heard Mr. Somesh Chandra Jha, learned counsel appearing for the petitioner. Also heard Mr. Rajat Nair, learned counsel appearing for the respondent- State.

(2.) The petitioner is in custody since 20/5/2022 and he is before this Court challenging the rejection of his bail petition by the High Court under the impugned order.

(3.) The materials on record show that the petitioner has supplied Ganja seed for cultivation and as per the definition of Ganja in Sec. 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), it is not a banned contraband. There are no specific allegation that the Ganja seeds were supplied by the petitioner to the other person with an intention to receive back the grown Ganja after cultivation.