ALLABAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioner on bail in Crime No.165/2016 registered by Wilson Garden Police Station for the offence punishable under Section 20(b)(i) of Narcotic Drugs & Psychotropic Substances Act, 1985 ('NDPS Act' for short).

(2.) Sri Ramesha H.N., learned counsel for the petitioner submits that the allegation against the petitioner is that he was found in possession of 3,700 grams of ganja leaves, stem, flower, etc. He drew the attention of this Court to the notification dated 19.10.2001 issued under the NDPS Act and argued that the commercial quantity of ganja is 20 kilograms, whereas, what was found in the possession of the petitioner is ganja leaves weighing 3 Kgs 700 grams. He submits that ganja leaves cannot be treated as a psychotropic substance as defined under the NDPS Act. He argued that this Court vide order dated 17.10.2012 in Crl.P.No. 6244/2012 (Smt. Shahina Begum v. State of Karnataka), has held that the Ganja leaves do not come under the definition of 'Ganja' under the NDPS Act.

(3.) In the circumstances, in the light of specific case of the prosecution that what was seized was ganja leaves, following the aforementioned judgment of this Court, without expressing any opinion on merits, in my view, the case of the petitioner deserves consideration for grant of bail. Accordingly, it is directed that: