Munna Lal S/o Shri Balu Maharaj v. State of Rajasthan
1995-10-16
P.P.NAOLEKAR
body1995
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties. 2. As per the prosecution case, on 30.6.1995 an information was received by the Station House Officer, Amba Mata and as a consequence thereof, the petitioner was search and he was found in possession of 1000 grams of ganja, which was seized from him. The seizure memo shows that `danthal', seeds/mixed with dried leaves powder I and the buds of ganja were recovered from the accused-petitioner. Under Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the Act'), `ganja' is defined as the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated. Thus, ganja shall be flowering or fruiting tops of the cannabis plant or seeds and leaves when accompanied by flowering or fruiting tops. Prima facie, it appears that flowering or fruiting tops have not been recovered from the petitioner. Prima facie, it does not appear to be ganja as defined under the Act. That being the position, am of the view that the petitioner is entitled to be released on bail. 3. Accordingly, allow this bail application and direct that the accused-petitioner Munna Lal s/o Balu Maharaj shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 15,000/- (Rs. fifteen thousand) with two sureties of Rs. 7,500/- (Rs. seven thousand five hundred) each to the satisfaction of the learned Sessions Judge, Udaipur, for his appearance in the trial Court on each and every date of hearing or whenever called upon to do so till the final disposal of the trial if not required in any other case.Bail petition allowed. *******