the N.D.P.S. Act, ganja is defined as the flowering or fruiting tops of the cannabis plant, excluding the seeds and leaves. The recovered contraband articles does not fall within the ambit of Section 2(i)(b) of the N.D.P.S. Act. It is further contended by learned counsel for the petitioner that in the FSL report, it has not been examined whether Tetrahydrocannabinol (THC) and Cannabidiol (CBD) were present in the samples sent to the laboratory. It is contended that according to Tiwari’s medical jurists in forensic medicine and toxicology, in the case of Ganja, the percentage of Tetrahydrocannabinol, Cannabinol and Cannabidiol is about 25. Therefore, in the absence of a specific report regarding the percentage of Tetrahydrocannabinol, Cannabinol and Cannabidiol, it cannot be said that the contraband recovered from the petitioner’s possession was “Ganja”. Learned counsel for the petitioner rests his arguments on the judgment passed by the M.P. High Court in the matter of Dayaram Singh & Anr. vs. State of Madhya Pradesh , Miscellaneous Criminal Case No. 7965/2011, dated 04.03.2024 . He also places reliance upon the judgment of Kunal Dattu Kadu vs. Union of India, dated 29.08.2022 , in which the samples sent to the FSL contained a soft greenish heterogeneous mixture of flowering and fruiting tops, bits of leaves, stems, and stalks along with seeds of the plant. The petitioner’s case is squarely covered by the judgment in Kunal Dattu Kadu vs. Union of India , Anticipatory Bail Application No. 2173/2022, passed by the High Court of Judicature at Bombay, dated 29.09.2022. The petitioner has been behind bars since 07.03.2023, and only 3 witnesses have been recorded out of the 14 cited witnesses. Therefore, considering the
