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    <title>2023 (3) TMI 1645 - BOMBAY HIGH COURT</title>
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    <description>Ganja under the NDPS Act comprises only flowering or fruiting tops of the cannabis plant, excluding seeds and leaves unless accompanied by such tops. Where seized material includes leaves, seeds and stalks without separate quantification of qualifying tops or prima facie proof that excluded components were accompanied by them, commercial quantity under Section 20(c) remains doubtful. Mixing material from two separately seized bags before drawing samples also prevents the forensic sample from reliably representing each bag&#039;s contents. These deficiencies can support bail by creating prima facie doubt about commercial quantity and the reliability of sampling.</description>
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    <pubDate>Fri, 17 Mar 2023 00:00:00 +0530</pubDate>
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      <description>Ganja under the NDPS Act comprises only flowering or fruiting tops of the cannabis plant, excluding seeds and leaves unless accompanied by such tops. Where seized material includes leaves, seeds and stalks without separate quantification of qualifying tops or prima facie proof that excluded components were accompanied by them, commercial quantity under Section 20(c) remains doubtful. Mixing material from two separately seized bags before drawing samples also prevents the forensic sample from reliably representing each bag&#039;s contents. These deficiencies can support bail by creating prima facie doubt about commercial quantity and the reliability of sampling.</description>
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