SEEDS OF SUSPICION: A CANNABIS CASE’S SURPRISING TURN
Category: Legal News
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She approached the High Court after her bail plea was rejected by the lower court.The Bombay High Court granted bail to the woman after finding that the material in question included not just ganja but also other plant parts.
KEY ASPECTS
Weighing Error Leads to Woman’s Acquittal: The relief was provided to the woman, Sultana Rafiq Khalil Shaikh, after the court noted that along with ganja, the bags also contained twigs, stems, and seeds of the cannabis plant. These were weighed together by the investigators, leading them to conclude that the woman was found with a commercial quantity of contraband
Statement of appellant’s advocate: Advocate Shabbir Shora, representing Shaikh, pointed out to the court that under the Narcotic Drugs and Psychotropic Substances Act, the entire cannabis plant is not considered ganja; only the flowering or fruiting tops of the cannabis plant are. Also the site inspection memo (panchanama) recorded that the material allegedly found in the two bags in Shaikh’s possession included leaves, flowers, fruits, seeds, and twigs of the plant.
Statement of Public Procecutor: Public Prosecutor Mayur Sonavane, representing the state, opposed the bail plea on the grounds that 51 kilos is a large quantity of drugs.
Court’s Observation: The court agreed with the defense that the investigation incorrectly treated all parts of the cannabis plant as ganja, including leaves, twigs, and seeds. Since only the flowering or fruiting tops are considered ganja, the court questioned whether the actual amount of ganja found was enough to constitute a commercial quantity, leading to the woman’s acquittal.
CONCLUSION
The Court concluded the case stating that in this situation, Shaikh has made out a strong prima facie case in her favour, arguing that there is insufficient material on record to show that a commercial quantity of contraband was recovered from her possession.
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WRITTEN BY: KOUSTAV GHOSH
GUIDED BY: ADVOCATE ANIK
