ANAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. J. Dutta, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor (Adl.PP), Assam, for the sole opposite party/respondent.

(2.) This application under Sec. 483 of BNSS, 2023, has been filed by the petitioner, namely, ANAR ALI, who is detained behind the bar since 3/4/2023 in connection with Special NDPS Case No. 34/2023, corresponding to Hajo P.S. Case No. 239/2023 registered under Ss. 20(b)(ii)(c)/29 of the NDPS Act, 1985.

(3.) The present one is the second application of the petitioner for bail, inasmuch as, earlier, this Court under its order dtd. 10/6/2024, rejected the bail prayer of the petitioner. On the said occasion, the argument was that the recovery was of "dry leaf materials" suspected to be 'ganja' and therefore, in terms of Sec. 2(iii)(b) of the NDPS Act, the same cannot be treated as cannabis. Rather, it is 'bhang', which will come under the provisions of the Assam Ganja and Bhang Prohibition Act, 1959. However, such an argument was rejected at that stage, citing the reason that such a conclusion cannot be arrived at the stage of bail, more particularly in the backdrop of the statement of the seizure witness that the recovered materials were 'ganja', and the Forwarding Report also refers to the recovery of 'suspected ganja'.