The accused Rohan Kumar Mishra was arrested by the police who seized 29 kg of bhang and 400 grams of ganja from his possession.
His bail application came to be rejected by the special court under the NDPS Act and he then approached the High Court.
The accused contended that he was in possession of 400 grams of ganja which was less than ‘small quantity’ under the NDPS Act.
As regards bhang, it was argued that it is a drink normally sold in lassi shops in North India and is not a prohibitory drug. It was the case of the accused that drink is used during the Shivarathri festival and it is not a banned drink and does not fall under the NDPS Act.
The Court rejected State’s contention that bhang was prepared out of the ganja leaves which comes under the definition 2(iii)(c) of NDPS Act.
The single-judge further noted that, bhang is a traditional drink, most people in North India, especially near the Shiva temples, consume bhang and it is also available in lassi shops like all other drinks.
Source: Barandbench
