Khetepathar, three persons i.e. Namdev, Kailas and Laxman (applicant) were cultivating ganja and that action should be taken against them. Accordingly, the said agricultural fields were raided, where allegedly ganja was being cultivated. When the raid was conducted, it was found that apart from the cannabis plants i.e. alleged ganja plants, there was cultivation of jowar and bajra crops in the said field. The cannabis plants i.e. alleged ganja plants were uprooted from the respective fields. From the filed of the applicant-Laxman, 17 straws of 14 kgs each were sized. The seized crop was sent to the Chemical Analyser. The result of the analysis shows that the seized crop was cannabis plants. The police have prosecuted the applicant for the offence punishable under Section 20(b) of the NDPS Act. What was seized was only plants, and there is no quantification of flowering tops. In these circumstances, it is doubtful whether the quantity can be said to be a commercial one. No ganja was found even in the result report. There is no separate record/document to show that the quantity of the flowery plants and hence, at this stage, it would be doubtful whether the offence would fall under Clause (b) of Section 20 of the NDPS Act. As noted earlier, even the result of the analysis shows that what was found was cannabis plants.
