ORDER : 1. Petitioner is accused of commission of an offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short) in Crime No. 175/2016 registered by Harapanahalli Police Station. 2. Heard Shri Gopalakrishnamurthy C. learned counsel for the petitioner and Shri B. Vishweshwaraiah, learned HCGP for the respondent-State and perused the records. 3. The case of the prosecution is that, in the morning of *16.10.2016, the police received a credible information that some person was making efforts to sell ‘Ganja’. In pursuance thereof, they found accused in possession of 4 Kgs and 100 grams of ‘Ganja’. He was arrested and Ganja seized. 4. Shri. Gopalakrishnamurthy C. learned Counsel for the petitioner submitted that this Court has taken a view that ‘Ganja leaf’ is not the same as ‘Ganja’ as *[Corrected vide Court order dated 15.2.2017] described in Section 2(iii)(b) of the NDPS Act. He has placed a reliance on an order dated 5.11.2016 in Crl. P. No. 8089/2016 in support of his contention. He further contended ‘Ganja’ seized in the said case was 4 Kgs and it is almost the same in the case on hand. With these submissions, learned Counsel for the petitioner seeks grant of bail. 5. Per contra, Sri. B. Vishweshwaraiah, learned HCGP opposes the bail petition. 6. ‘Ganja’ as defined in the Act reads as follows: “2. Definitions. – In this Act, unless the context otherwise requires: (i) xxxxxxx (ii) xxxxxxx (iii) “cannabis (hemp)’ means – (a) xxxxxxxx (b) Ganja, that is, 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.” 7. This Court in Crl. P. No. 8089/2016 was dealing with a case, wherein, 4 Kgs of alleged Narcotic Drugs and Psychotropic Substances was seized and it included leaves, stem, roots of ganja plant. This Court while considering the petition for quashing has held as follows: “3. The learned Counsel for the petitioner would contend that the proceedings are invalid for two reasons. P. No. 8089/2016 was dealing with a case, wherein, 4 Kgs of alleged Narcotic Drugs and Psychotropic Substances was seized and it included leaves, stem, roots of ganja plant. This Court while considering the petition for quashing has held as follows: “3. The learned Counsel for the petitioner would contend that the proceedings are invalid for two reasons. Firstly, the so called cannabis seized consists of leaves, stem, roots of the ganja plant and not ganja as defined under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 and also the fact that the mandatory provisions have not been complied with in carrying out the alleged search of the petitioner and there fore, the proceedings are vitiated. (Emphasis Supplied) 8. In the instant case, petitioner is alleged to be in possession of 4 Kgs and 100 grams of ‘ganja leaves.’ 9. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that: (i) Petitioner shall be released on bail *in Crime No. 175/16 registered by Harapanahalli Police Station, Davanagere upon his executing a self bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) Petitioner shall cooperate with the Investigating Officer during the further course of investigation and appear before him as and when called upon; (iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday between 10 a.m. & 1 p.m. till the charge sheet is filed; (iv) Petitioner shall not leave **Davanagere without prior permission of the Principal District & Sessions Judge, Davanagere, till charge sheet is filed; (v) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so *[inserted vide Court order dated 15.2.17] **[deleted and inserted vide Court order dated 15.2.17] as to dissuade him from disclosing such facts to the Court or investigating officer; (vi) Petitioner shall not involve himself in any criminal activities; (vii) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.