[2026:RJ-JP:23427] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7415/2026 1. Chanda Devi W/o Prabhudayal 2. Rameshwar S/o Beejaram 3. Teeja Devi W/o Arjun Lal, All R/o Village Nayan, Police Station Amarsar, Tehsil Shahpura, District Jaipur (Raj.) (Presently accused petitioners in Judicial Custody in Central Jail at Jaipur). ----Petitioners/Accused Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Pradeep Kalwania For Respondent(s) : Mr. Vijay Singh Yadav, P.P. HON'BLE MR. JUSTICE RAVI CHIRANIA (V.J.) Judgment / Order 19/06/2026 1. This instant bail application has been filed by the petitioners Chanda Devi W/o Prabhudayal, Rameshwar S/o Beejaram and Teeja Devi W/o Arjun Lal, who were arrested by the Police in connection with the FIR No.0048/2026 dated 17.03.2026 registered at Police Station Amarsar, District Jaipur Rural for the offences punishable under Sections 8 and 20 of the NDPS Act, 1985. 2. Learned counsel submits that the bail application filed by the petitioners was rejected by the learned Additional Sessions Judge No.1, Shahpura, District Jaipur vide order dated 07.05.2026 thereafter, the petitioners have preferred this bail application under Section 483 of B.N.S.S, 2023. [2026:RJ-JP:23427] (2 of 9) [CRLMB-7415/2026] 3. Learned counsel submits that Police has seized 232 cannabis (ganja) plants from Khasra No. 2718 weighed as 29 kgs. and 300 grams and 429 cannabis plants from Khasra No. 2715 and 2720 weighed as 57 kgs. and 150 gms, in total weighing as 86 kgs and 450 grams. He further contends that for the purpose of determining the weight of the recovered contraband substance, the whole plants were taken into consideration, including seeds, roots, stem and leaves, along with the soil whereas only the flowering or fruiting tops of the cannabis plants should have been taken for weighing of the alleged contraband as per the defining clause of the NDPS Act, 1985. However, in the present case, no bifurcation was done of seeds and leaves from the flowering or fruiting tops before weighing the recovered alleged contraband. He also submits that the possibility cannot be ruled out that only if the flowering and fruiting tops are weighed, it will fall under the category of below commercial quantity as per the Act of 1985. Learned counsel further submits that there are no criminal antecedents of the petitioners herein under the NDPS Act. The petitioners No.1 and 3 being females and considering the age of the petitioners, learned counsel prays that they may be enlarged on bail after imposing the strict conditions as the Hon’ble Court deems just and proper. 4. Learned Public Prosecutor strongly opposes the bail application and submits that the recovered quantity of contraband substance falls under the category of commercial quantity as per the Act of 1985. 5. This Court heard the objections as raised by the learned Public Prosecutor and noted the fact that the alleged plants [2026:RJ-JP:23427] (3 of 9) [CRLMB-7415/2026] recovered quantified as 86 kgs 450 grams. The Co-ordinate bench of this Court has dealt with a similar issue relating to the weight of whole cannabis plant in the case of Vinod Kumar s/o Laxman @ Laxmi Narayan v State of Rajasthan wherein the order was passed on 07.07.2022 in S.B. Criminal Mis. Bail App. No 9279/2022. The relevant part of the said order is reproduced as under: “i) The case of the prosecution is that the petitioner was cultivating ganja plants in his field and the quantity of the recovered plants is well above the commercial limit specified for contraband ganja. Section 2 of the NDPS Act contains the definitions and clause (iii) of the same defines what "cannabis (hemp)" means, through three sub-clauses. The sub-clause (b) of clause (iii) defines 'ganja' as "the flowering or fruiting 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". Sub-clause (viia) of Section 2 of the N.D.P.S. Act defines "commercial quantity" as any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette, in relation to narcotic drugs and psychotropic substances. The notification in effect that specifies small and commercial quantity for narcotic drugs and psychotropic substances is S.O. 1055 (E) dated 19th October, 2001 published [2026:RJ-JP:23427] (4 of 9) [CRLMB-7415/2026] in the Gazette of India, Extra., Pt. II Sec. 3(ii) dated 19th October, 2001 and the commercial quantity specified therein for ganja is 20 kgs. ii) As averred, for the purpose of determining the total weight of the recovered contraband ganja, the whole plants were taken into consideration, including the seeds, roots, stems and leaves, along with the soil as well whereas only the flowering or fruiting tops of the cannabis plants should have been taken for weighing of contraband ganja as per the defining clause under N.D.P.S. Act. As there was no bifurcation of seeds and leaves from the flowering or fruiting tops before weighing the recovered contraband and the total weight of the recovered contraband is just 2 kgs and 700 gms above the commercial quantity, it is safe to infer that the actual weight of recovered ganja would be less than the claimed weight and therefore, below the stipulated commercial quantity. iii) The cultivation of "any cannabis plant" is prohibited and made an offence under sub-clause (b) of Section 8 of the N.D.P.S. Act. Further, it is imperative to mention Section 20 of the N.D.P.S. Act, which discusses the punishment for contravention in relation to cannabis plant and cannabis. Section 20 of the N.D.P.S. Act reads as follows:- [2026:RJ-JP:23427] (5 of 9) [CRLMB-7415/2026] 20. Punishment for contravention in relation to cannabis plant and cannabis:- Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,-- (a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purchases, transports, imports inter State, exports inter-State or uses cannabis, shall be punishable,-- (i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and (ii) where such contravention relates to sub clause (b),-- (A) and involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (C) and [2026:RJ-JP:23427] (6 of 9) [CRLMB-7415/2026] involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. Contravention of provisions of the N.D.P.S. Act by cultivation of any cannabis plant is covered in clause (a) of Section 20 and contravention by production, manufacture, possession, sale, purchase, transportation, import inter-state, export inter-state or use of cannabis is covered under clause (b) of Section 20. For the contravention contained in clause (b), punishments have been particularised as per the quantities, namely small, intermediate and commercial quantities in sub-clause (i) but for the contravention contained in clause (a), maximum punishment for a term of ten years rigorous imprisonment has been prescribed without any specification of quantities. Thus, the corresponding punishment-prescribing provision for [2026:RJ-JP:23427] (7 of 9) [CRLMB-7415/2026] offence under Section 8(b), relating to cannabis plant, would be Section 20(a)(i). iv) Grant of bail for offences stipulated in the N.D.P.S. Act is interdicted by the provisions of Section 37. Section 37 states that any person who is accused of an offence under Sections 19, 24 or 27A and of an offence involving commercial quantity cannot be granted bail. Neither the offence in the present case is covered by Sections 19, 24 or 27A of the N.D.P.S. Act and nor does the recovered ganja fall in the category of commercial quantity. Therefore, it can safely be inferred from the above observations that the petitioner need not face the rigour of Section 37 with regard top provision of bail in the present case.” 6. In the case Vinod Kumar (supra), as referred above, the matter relates to recovery of Cannabis plant and same is the case herein where certain quantity of Cannabis plants alleged to have been recovered from the petitioners. It is further significant to note that the definition of ‘ganja’ under NDPS Act takes in its ambit only the flowering or fruiting tops of cannabis plant and excludes the seeds and leaves when not accompanied by the tops. Thus, the definition of ‘ganja’ is restricted and it does not include the seeds and leaves of ganja plant. There is no separate weight of the contraband substance except the weight of the plant. In the [2026:RJ-JP:23427] (8 of 9) [CRLMB-7415/2026] absence of any specific weight, it cannot be presumed that the substance as recovered was more than the commercial quantity as prescribed under the Act of 1985. 7. This Court, after considering the fact that petitioners have no criminal antecedents under the NDPS Act, the petitioners No.1 and 3 are females, after looking to the overall facts and circumstances of the case and without commenting upon the merits of the matter, is inclined to enlarge the present petitioners on bail. 8. Accordingly, the bail application filed under Section 483 B.N.S.S., 2023 is allowed and it is directed that accused- petitioners Chanda Devi W/o Prabhudayal, Rameshwar S/o Beejaram and Teeja Devi W/o Arjun Lal shall be released on bail, provided each of them execute a personal bond in a sum of ₹1,00,000/- with two sound and solvent sureties of ₹50,000/- each to the satisfaction of learned Trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 9. The petitioners are further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the observations as made by this Court in the bail application will not affect trial of the case. 10. The petitioners are directed not to cultivate these plants in their agricultural land. In case, such plants are found in future, the bail granted shall stand cancelled automatically without further reference to the Court. 11. It is further directed that in case, the petitioners are found to be involved in any case of NDPS Act during pendency of the [2026:RJ-JP:23427] (9 of 9) [CRLMB-7415/2026] trial, learned Public prosecutor shall file an application for cancellation of the bail. (RAVI CHIRANIA (V.J.)),J 93/Manish