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2023 DIGILAW 618 (SC)

Hasubhai Kamabhai Thakor v. State of Gujarat

2023-04-26

HRISHIKESH ROY, MANOJ MISRA

body2023
ORDER 1. Heard Mr. Somesh Chandra Jha, learned counsel appearing for the petitioner. Also heard Mr. Rajat Nair, learned counsel appearing for the respondent-State. 2. The petitioner is in custody since 20.05.2022 and he is before this Court challenging the rejection of his bail petition by the High Court under the impugned order. 3. The materials on record show that the petitioner has supplied Ganja seed for cultivation and as per the definition of Ganja in Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), it is not a banned contraband. There are no specific allegation that the Ganja seeds were supplied by the petitioner to the other person with an intention to receive back the grown Ganja after cultivation. 4. The respondent-State has not filed any counter affidavit in the matter but from the materials made available, it can be seen that at best the petitioner can be said to have supplied Ganja seeds for plantation. 5. Taking the above into account and the incarceration of the petitioner since 20.05.2022 as also noticing that the chargesheet has already been filed, we deem it appropriate to release the petitioner on bail. Accordingly, the petitioner be released on bail subject to the terms and conditions to be imposed by the learned Trial Court. 6. With the above order, the Special Leave Petition is disposed of. The observations in this order will have no bearing in the case either of the prosecution or of defence, in the trial. 7. Pending application(s), if any, stand closed.