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TMI Blog2019 (10) TMI 1594X X X X Extracts X X X X X X X X Extracts X X X X ..... dering the the fact that the seized substance was moisture laden, there is reason to believe that the 'actual' cannabis was lesser in weight as 21 Kg. 400 grms shown to be seized. This fact coupled with the fact that there was no criminal antecedents makes out the case for grant of bail to the applicant. Without expressing any opinion on merits of the case, the application for grant of bai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Kanadiya, Indore, for the offence punishable under Section 8/20 of NDPS Act, 1985. 3. The prosecution case was that commercial quantity of cannabis was seized from the possession of the applicant. The cannabis on weighing was 21 Kg. 400 grms which is more than, the commercial quantity. 4. Learned counsel for the applicant submits that charge sheet has since been filed, that there are no crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es not include the small stems attached to the fruiting or flowering top. A perusal of the case diary shows that the substance which was seized not only contained flowering, but also contained the leaves and the small stems (danthal) attached to the flowering top. The leaves are also not included under the definition clause until and unless it is attached with the flowering top. 8. As per learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered and case diary was perused. 12. Considering the above submissions along with the fact that the seized substance was moisture laden, there is reason to believe that the 'actual' cannabis was lesser in weight as 21 Kg. 400 grms shown to be seized. This fact coupled with the fact that there was no criminal antecedents makes out the case for grant of bail to the applicant. 13. Conse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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