SYED KHADEER & ANR. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioners on bail in Crime No. 1/2017, registered in Chikkanayakanahalli Police station, for offence punishable under Section 20(B) of NDPS Act, 1985.

(2.) Smt. A. Manjula, learned Counsel for the petitioners adverting to the remand application annexed to the petition submits that what was seized by the police is Ganja leaves weighing 500 grams from accused No. 1 and 400 grams from accused No.2. She submits that ganja leaves cannot be treated as a psychotropic substance as defined under the NDPS Act, 1985. In support of her contention, she placed reliance on an order of this Court dated 17.10.2012 in Cri. P. No. 6244/ 2012 (Smt. Shahina Begum v. State of Karnataka) , wherein this Court has held that the Ganja leaves do not come under the definition of 'Ganja' under the Act.

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