PROMODH JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner-accused Promodh Jha residing at village Absar within the limits of Washaliganj, Dist-Nowda, Bihar has filed this application for bail under section 439 of Cr. PC in connection with T. R. Case No. 20/2007 arising out of Bally P. S. case No. 216/07 dated 6. 8. 07 under section 20 (b) (ii) of the NDPS Act, pending before Judge, Special Court under ndps Act, Howrah (A. D. J. , 3rd Court, Howrah ).

(2.) AS per prosecution version, 100 kgs. of 'bhang' in four gunny bags was recovered from the possession of the petitioner-accused on 6. 8. 07 at about 12. 35 hrs near Bamurdanga Bridge within the limits of Bally police station when he was travelling in a bus bearing No. WB-78-9297 styled as 'sangita' from dunkuni side on N. H. 2 (Delhi Road ). For that recovery, the petitioner along with three others namely the two drivers of the bus and the manager/conductor of the bus, all residing in different districts of Bihar, was chargesheeted for the offence punishable under section 20 (b) (ii) of the NDPS Act for possessing, selling, transporting, importing inter-State and using of Bhang in contravention of the provision the Act.

(3.) COUNSEL for the petitioner at the very outset raised the contention that 'bhang' is not a narcotic or psychotropic drug as defined under the Act and hence its possession is not an offence. He submitted that 'bhang' has not been included in the definition of cannabis (hemp) and its sale, import or export and possession has not been made punishable under the Act. He relied upon the two judgments of Punjab and Haryana High Court and Rajasthan High Court reported in 2005 Cr. LJ 253 and 1993 Cr. LJ 2503 respectively.