In CRLP NO. 6611 OF 2022- KARN HC- Ganja leaves and seeds are excluded from the definition of ganja; nowhere in the NDPS Act Bhang is referred to as a prohibited drink or prohibited drug: Karnataka High Court
Justice K. Natarajan [26-08-2022]

Read Order: ROSHAN KUMAR MISHRA v. THE STATE OF KARNATAKA 

LE Correspondent 

Bengaluru, August 30, 2022:There is no scientific evidence to show that the Bhang is prepared out of either charas or ganja or ganja leaves, the Karnataka High Court has observed.

A Single-Judge bench of Justice K. Natarajan dismissed the plea instituted by the petitioner- accused under Section 439 of Cr.P.C. for granting regular bail in the Crime of 2022  registered by Begur Police Station, Bengaluru for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Bench was of the considered view that the petitioner was  in custody for more than two months and the FSL report was  still awaited and though the investigation was  pending, the ganja in possession was only 400 grams. Therefore, by imposing certain conditions if bail is granted to the petitioner, no prejudice would be caused to the prosecution case, the High Court held. 

The case of the prosecution was that the suo motu complaint registered by the Begur Police alleged that on May 31, 2022, the complainant-Police Officer received credible information that in the vacant space adjacent to the Q Grill Bar and Restaurant of Chikkabeguru, two persons were selling prohibited contraband ganja as well as Bhang and the informant also informed the complainant that the said two persons may arrive on the next day around the same time in the said spot. After receiving the information, the complainant obtained permission to conduct a raid and they visited the spot along with his staff and panchas where the petitioner was said to be in possession of ganja as well as Bhang. 

They seized 29 kgs of Bhang from different companies, 400 grams of ganja and brought the same to the Police station and remanded the accused to judicial custody. His bail application came to be rejected by the Special Judge. Hence, he was before the High Court. 

After hearing the submissions of the parties at length, the Court took into account Section 2 (iii) (a) (b) of the NDPS Act. In view of the same, the Court noted that on bare reading of the provision under Section 2(iii)(a) and (b) that charas and ganja or (c) i.e., any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom, there is no scientific evidence before this Court to show that the Bhang is prepared out of either charas or ganja or ganja leaves. Since ganja leaves and seeds are excluded from the definition of ganja and nowhere in the NDPS Act the Bhang is referred to as a prohibited drink or prohibited drug. Even the State Government has not made any rules under the NDPS and mentioned the Bhang as a prohibited drug or issued any notifications in respect of Bhang, the Court noted. 

Therefore, the High Court was of the view that the petitioner was in custody for more than two months and the FSL report was still awaited and though the investigation was pending, the ganja in possession was only 400 grams. Therefore, by imposing certain conditions, if bail is granted to the petitioner, no prejudice would be caused to the prosecution case, the High Court noted. 

The criminal petition was accordingly allowed.