MANSING @ MANDAS VELUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has been convicted for an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and has been sentenced to R.I. for three years and a fine of Rs. 3,000/- and in default he has been ordered to undergo further S.I. for six months. He is, therefore, in appeal before this court.

(2.) The allegation against the appellant is that upon information, Police Officer in presence of the panchas closed in on the appellant, when he was found to be in possession of 500 gms. of BHANG. Samples of BHANG were drawn, and sent to the Forensic Science Laboratory for examination and report. On the receipt of the Laboratory report, the appellant- accused was put up for trial, and came to be convicted and sentenced as aforesaid.

(3.) Ms. Acharya, L.A. levelled various submissions against the judgment of the trial court, but it is not necessary for me to analyse those submissions for, in my opinion, the appeal is entitled to succeed on a short question whether what has been said to have been found from the appellant is a substance falling within the prohibitory provisions of the NDPS Act? In the FIR and in the relevant Panchnama, it is stated that what was found from the appellant-accused was BHANG. Section 20(b)(i) of the NDPS Act prescribes punishment, inter alia, for possession of GANJA. Now, the word 'GANJA' has been defined in Section 2(iii)(b) as "the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanies by the tops), by whatever name they may be known or designated". It is not the prosecution case that the appellant was found to be in possession of GANJA. After having gone through the relevant provisions of the NDPS Act, I do not find any provision therein which forbids the possession of BHANG, and makes which possession an offence.