RAJESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of accused-petitioner -Rajesh Sharma. The accused-petitioner has been arrested in connection with FIR No.32/2024 registered at Police Station Khandar, District Sawai Madhopur for the offence(s) under Sec. 8/20 of the NDPS Act.

(2.) Learned counsel for the accused-petitioner submits that accused-petitioner is an innocent person and has falsely implicated in the matter. He further submits that police showing false recovery of the contraband article "Ganja" whereas the contraband article recovered was not "Ganja" but the same was "Bhang" and the petitioner himself is the Bhang contractor and having valid license in his name. He further submits that contraband (leaves) does not fall within the definition of "Ganja" because it consists of leaves, seeds, buds and stalks of the cannabis plants. The leaves and stalks of cannabis plant are expressly 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. Therefore, bail application of the accused-petitioner may be allowed.

(3.) Learned Public Prosecutor vehemently opposes the bail application.