ORDER : 1. Heard the learned Counsel for the petitioner and the learned Government Pleader. 2. The petition coming on for admission is considered for final disposal. 3. It is alleged that on 27.8.2013, the Intelligence Officer, Narcotic Control Bureau, Bangalore Zonal Unit had received information that a person called Abdul Aleem was carrying ganja or cannabis and that he would be reaching Hosakote Tollgate around 8.30p.m and he was said to be travelling in a black coloured Santro car bearing registration No.KA-51/M-8359. The vehicle was intercepted by the officer and a search was conducted on the occupant after giving him notice under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter referred to as the ‘NDPS Act’, for brevity). The search of the person did not reveal anything. After sustained search of the car, they found a white coloured bag containing dried leaves of dark colour and it was claimed to be ganja and was seized. It was found that the same weighed about 15.552 kgs. It is on that basis that a case has been registered for offences punishable under Section 8(c) read with sections 20(b), 28, 29 and 32B(d) of the NDPS Act. The court below had taken cognizance and posted the case for trial. The charges were framed and stage is set for trial. 4. During the trial, the prosecution had examined three witnesses and it is the categorical evidence of PW.2 that the seized substance consisted of dried leaves of ganja plant. It is therefore urged by the learned counsel for the petitioner that this primary circumstance that what has been seized is the dried leaves of ganja plaint would bring it out of the definition contained in Section 2(iii)(b) of the NDPS Act which defines ‘ganja’ as the flowering or fruiting tops of the cannabis plaint, excluding the seeds and leaves when not accompanied by the tops. Therefore, if the substance seized was the dried leaves of ganja plant, it would not conform to the definition of ‘ganja’. Consequently, the entire prosecution would fail. Hence, the petition is summarily allowed. The proceedings in Special Case No.52/2014 on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bangalore City is quashed.