MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) I have perused the first information report lodged at Police Station, Khatu Shyamji, District Sikar reproduced in the bail application and also the rejection order passed by the learned court below on 06.05.2008.

(3.) The allegation against the applicant, who is about 65 years of age, is that 37 green plants of gaanja were found growing in an agricultural field. Green leaves from every plant were taken as sample for testing. The learned counsel for the applicant has submitted that as per Sec. 2(iii)(b) of the NDPS Act 1985, the green leaves of gaanja do not fall within the NDPS Act as they are not having seeds or flowers.