Cannabis leaves excluded from ganja definition, so bail was granted under the NDPS framework.

Cannabis leaves alone are excluded from the statutory definition of ganja, which covers only the flowering or fruiting tops of the cannabis plant; on the facts noted, the recovered material was 28.600 grams of leaves without tops. That distinction meant the recovery could not be treated as ganja for the purpose of bail under the NDPS Act, and the quantity notification did not change the result on the material considered. The accused-petitioner was therefore entitled to be enlarged on bail.

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Issues: Whether the accused-petitioner was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in a case where the recovery was of cannabis leaves and not flowering or fruiting tops, and whether such recovery attracted the definition of ganja under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The recovery shown was of leaves of the cannabis plant weighing 28.600 grams. The definition of ganja under Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 covers the flowering or fruiting tops of the cannabis plant, while seeds and leaves without tops are excluded. On that basis, the material on record did not justify treating the recovered substance as ganja for the purpose of denying bail. The application of the notification concerning small and commercial quantities did not alter this conclusion on the facts considered for bail.

Conclusion: The accused-petitioner was held entitled to bail and was ordered to be enlarged on bail.

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