SC Explains: Whether Possession of Ganja Seed an Offence under NDPS Act,

 

The Supreme Court while granting bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 has clarified that as per the definition of 'Ganja' in Section 2(iii)(b), seed is not included.

The Division Bench of  Justice Hrishikesh Roy and Justice Manoj Misra thus observed:

 

"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", the court said.

Further observing that here 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, the court concluded that at best the petitioner can be said to have supplied Ganja seeds for plantation.

 

 The Court thus deemed it appropriate to grant bail to accused. 

"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", the order reads.

 

Case Title: Hasubhai Kamabhai Thakor vs The State of Gujarat
Case Details: Petition(s) for Special Leave to Appeal (Crl.) No(s).2523/2023; 26-04-2023
Coram: Hon'ble Mr. Justice Hrishikesh Roy and Justice Manoj Misra
Advocates for Petitioner: Mr. Somesh Chandra Jha, AOR Mr. Mayank Gautam, Adv. Mr. Parvez Alam, Adv. Mr. Alok M Thakkar, Adv. Mr. Nilay V Suchak, Adv
Advocates for Respondent: Mr. Rajat Nair, Adv. Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv.

 

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