BABURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No. 7/2025 registered at Police Station Sarupganj, District Sirohi, for offences under Sec. 8/20 of the NDPS Act.

(2.) Heard learned Counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned Counsel for the petitioner submits that the narcotic contraband recovered in this matter is 153 green plants of Ganja on weighing the same it was found to be 52.280 kg. Learned Counsel for the petitioners submitted that the recovery of the contraband was from ganja plants growing on the agricultural field, thus, conscious possession of the petitioners cannot be deduced. It was also submitted that as the whole plants were weighed without removing the stems, roots, leaves etc., the total weight of the 153 recovered plants of ganja recovered from the field cultivated by the petitioner-Vaktaram, i.e. 52.280 kg, can be safely assumed to be below the commercial quantity. Therefore, the embargo contained under Sec. 37 would not be attracted. Learned Counsel for the petitioner has submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.