2019 (10) TMI 1594

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....eard. 2. This is the first bail application filed under Section 439 of Cr.P.C by the applicant for grant of bail. He is in custody since 22.4.2019 in connection with crime no.222/2019, registered at police station Kanadiya, Indore, for the offence punishable under Section 8/20 of NDPS Act, 1985. 3. The prosecution case was that commercial quantity of cannabis was seized from the possession o....

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....g tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and " 7. Thus, Ganja or cannabis is primarily flowering or fruiting tops of the cannabis plant and does not include the small stems attached to the fruiting or flowering top. A perusal of the case diary shows that the substance which was seized not on....

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....therefore, conviction along with confiscation of vehicle was set aside. 10. Learned counsel for the State was also heard who opposed the application, but fairly submits that there are no criminal antecedents against the accused. 11. Rival contentions were considered and case diary was perused. 12. Considering the above submissions along with the fact that the seized substance was moisture....