JUDGMENT 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 Section 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. 4. The learned Public Prosecutor has supported the rejection order passed by the learned court below on 06.05.2008 and has submitted that the applicant should not be enlarged on bail. 5. I have considered the submission made by the rival parties. As per the provisions of NDPS Act 1985, the green plants of gaanja are not covered within the Act without there being seeds and flowers. This High Court had considered a similar matter in the case of Munnal Lal v. State, 1995 Cr. L.R. (Raj.) 734 and bail was granted. Later on in the case of Gyarse v. State, 2002 (2) RCC, 1011 bail was granted on the same ground. Again in the case of Navia v. State of Rajasthan, 2005 (1) RCC, 523 , the same point was considered. Lastly, in the case of Sanvarmal v. State of Rajasthan 2007 (2) Cr.L.R. (Raj.) 1069 , same view had been adopted in a case of bail. 6. Without expressing any opinion on the merits of the case and taking into consideration the aforesaid facts and circumstances as well as the age of the applicant, I deem it just and proper to enlarge the accused applicant on bail under Section 439 Cr.RC. 7. It is ordered that the accused applicant Mahaveer Prasad Son of Shri Jugal Kishore in F.I.R. No. 45/2008, Police Station Kahtu Shyamji, Distt. Sikar, shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.Application allowed. *******