LAXMAN NIVRUTTI BORADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned APP for the respondents.

(2.) The applicant seeks bail in Crime No.302 of 2023 registered with police station Ashti, Taluka-Partur, District-Jalna for the offence punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (for short "the N.D.P.S. Act").

(3.) Learned counsel for the applicant submits that the raid was taken in the field of the applicant. The investigating officer uprooted the Ganja plants. The total weight of the cannabis plants was 369.50 k.g. As per the definition of the term "Ganja" under Sec. 2(b) and (c) of the N.D.P.S. Act, "Ganja" is the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever, name they may be known or designated; and any mixture, with or without any neutral material, or any of the above forms of cannabis or any drink prepared there from. Weighing the entire plants with soil does not fall under the definition of Ganja. Roots, stems, branches and leaves of the plants cannot be termed as Ganja. He would submit that entire plants were sent to chemical analyzer. Flowering or fruiting tops of the cannabis were not segregated from the plants. In such circumstances, the rigor of Sec. 37 of the N.D.P.S. Act would not come in the way. Further, he would submit that the applicant is having no antecedents to his discredit and he has roots in the village and therefore, the applicant deserves the bail.