Amendment status not verified — confirm the current text below against the official source.
In my considered opinion cultivation of 'Bhang' is punishable under N.D.P.S. Act although it is not included within the definition of cannabis (Hemp) and not under Act No. 2 of1950 within the meaning of Article 254 of the Constitution of India. As regards cul- tivation of Bhang is concerned, the N.D.P.S. Act would prevail over Act No.2 of 1950 and latter enactment passed by the Legislature of State shall be deemed to be repugnant and void to the extent of its inconsistency to the former enactment passed by Parliament." So far State of Punjab is concerned, Section 3(13) of the Punjab Excise Act, 1914, defines "intoxicating drugs" as under ;- "13. "intoxicating drugs" means ;- (i) the leaves; small stalks and flowering or fruiting tops of the Indian hemp plant (Canna- bis Sativa-L) including all forms known as bhang, sidhi or ganja; (ii) charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport; (iii) any mixture, with or without natural materials, of any of the above forms of intoxicat- ing drug or any drink prepared therefrom; and (iv) any other intoxicating or narcotic substance which the State Government may by no- tification, declare to be an intoxicating drug, such substance not being opium coca leaf, or a manufactured drug, as defined in Section 2 of the Dangerous Drugs Act, 1930". Where 3 gunny bags containing 60 kgs. of Bhang were recovered from the accused. The learnd Special Judge, Ludhiana while rejecting the bail application of the petitioner has ob- served as under ;- "It is true that as per the definition of "cannabis" as given in Section (iii) of the N.D. and P .S. Act, leaves of the Bhang plant are not covered therein and ordinarily simple posses- sion of leaves is not an offence. Yet as already observed there is nothing to suggest that the material recovered from the accused does not include the tops of the Bhang plant." At the time when bail application of the petitioner was decided, report of the Chemical Ex- aminer was not taken into consideration. As per report of the Assistant Chemical Examiner, Govemment of Punjab, Patiala, after analysing the samples of Bhang sent to it, he had formed an opinion that the contents of both the samples were Bhang. Therefore, there is no manner of doubt that contents of the recovered three bags were factually Bhang and nothing else. As the leaves of Bhang as such are not within the definition of cannabis (hemp) contained in Section 2tiii) of the NDPS Act, the provision of Section 20 of the Act would not apply to the recovery made. However, this recovery would be in violation o~Section 3( 13) of the Punjab Excise Act, 1914 punishable under Section 61 of the Excise Act.