AJIT YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been placed before this Bench on the basis of the order of reference made by one of us (R.S. Garg. J).

(2.) The question for determination in this case is as to whether the ganja is a narcotic drug or psychotropic substances or not. A Division Bench of this Court in the case of Rajendra Prasad v. The State of Bihar, reported in 2004 (2) East Cr C 228 (Pat) : 2004 (3) PLJR 249 has held that ganja does not fall within the definitions of the narcotic drug and psychotropic substance and possession of ganja is not an offence punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). When this judgment was relied upon by the counsel appearing for the petitioner before one of us (R.S. Garg, J). His Lordship doubted the correctness of the aforesaid decision and has made reference and that is how the matter has been placed before us.

(3.) The Act, has been enacted by the Parliament in the national interest and to control the trafficking of narcotic drugs and psychotropic substances. The settled law of interpretation is that the legislature speaks through the words used in the enactment and if the words are clear. The literal construction is to be made except in the case of ambiguity when different rules of interpretation apply. Equally important, the other settled principle is that in case of interpreting of penal statute if there is any benefit of doubt that should go to the accused.