FATESANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), praying for an order of regular bail, post- submission of charge-sheet in connection with an offence registered as C.R. No. 11211010210134 of 2021 registered with Chuda Police Station, District: Surendranagar, for the alleged offences under Ss. 8(b) , 8(c) , 20(a) , 20(b)(i) and (ii) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as "the Act").

(2.) Facts as coming out from the First Information Report as also the papers of charge-sheet are as under:

(3.) Mr. Laxmansinh M. Zala, learned advocate for the applicant submitted that from the very beginning, case of the Police from the moment of receiving the information, is for cultivation of cannabis plant and not possession of any Ganja, and therefore, filing of a charge-sheet for an offence under Sec. 20(b)(i) and (ii) of "the Act" is uncalled for. He has further submitted that, neither from the papers of investigation nor from the report of the FSL, it is revealed that the applicant is found in possession of any article, which can be termed as Ganja, as defined under Sec. 2(iii)(b) of "the Act", so as to hold him responsible for possessing it, that too, in a commercial quantity.