NISHA GUPTA, J. - (1.) Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material on record.
(2.) The contention of learned counsel for the petitioner is that the petitioner is a saint. Only 500 gms. of Ganja has been recovered from his possession. As per Section 2(iii) of the NDPS Act, only flowers and fruits tops of cannabis could be treated as Ganja hence recovery of 32 Kg material with roots and leafs could not make the offence grave. It is the first offence of the petitioner hence he may be released on bail.
(3.) The contention of learned Public Prosecutor is that apart from 500 gms of Ganja, the present petitioner was also found cultivating the cannabis plant on Khasra No.747, which was in possession and cultivation of the petitioner, crop of cannabis plants has been seized weighing 32 Kg and looking to the nature of recovery, the present petitioner should not be released on bail.;