NAVALRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 of Cr.P.C. on behalf of the petitioner, who is in custody in relation to FIR No.197/2022, Police Station Kheroda, District Udaipur for the offence under Ss. 8/20 of the NDPS Act.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that the petitioner is in judicial custody since long.

(3.) Learned counsel further argues that the recovered contraband does not fall within the definition of "Ganja" because it consists of leaves, seeds, buds and stalks of the cannabis plants. Learned counsel submits that the leaves and stalks of cannabis plant are expressely excluded from the definition of Ganja. He further submits that as per Central Government notification S.O. 527 dtd. 16/7/1996 specifying small quantity and commercial quantity of Narcotics Drugs and Psychotropic Substances, it does not prescribe commercial and small quantity of cannabis plant. It is also submitted that the charge-sheet has been filed. He further submits that in similar circumstances, the coordinate Bench of this Court granted indulgence of bail. In support of his arguments, he relied upon following orders and judgments of Coordinate Bench of this Court and orders and judgments passed by the Bombay High Court and the Gujarat High Court: