Bhang not prohibited under NDPS Act: Karnataka High Court

The Karnataka High Court recently held that bhang is not covered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) [Roshan Kumar Mishra v. State]..While granting bail to a man accused of possessing Bhang, single-judge Justice K Natarajan held that there is no scientific evidence to show that the Bhang is prepared out of either charas or ganja or ganja leaves and hence, it is not a prohibited drug or drink.In this regard, the Court relied on judgments passed by the Bombay High Court and Punjab and Haryana High Court in which it was held that bhang is not covered under the NDPS Act."Until the receipt of forensic science lab report, in order to confirm that this bhang is prepared out of the by the charas or ganja, the Court cannot come to any conclusion that the bhang is prepared out of the substance of ganja. Therefore, at present, I am agreeing with the judgments of the Bombay High Court as well as Punjab and Haryana High Court in the above said decisions that bhang is not covered under the NDPS Act," bench observed..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..While referring to Section 2(iii)(a) and (b) of the NDPS Act pertaining to usage of charas and ganja the bench observed,"There is no scientific evidence before this Court to show that the Bhang is prepared out of either charas or ganja or ganja leaves. Since ganja leaves and seeds are excluded from the definition of ganja and no where in the NDPS Act the bhang is referred as a prohibited drink or prohibited drug."Even the State government has not made any rules under the NDPS Act and mentioned bhang as prohibitory drug or issued any notifications in respect of same, the.The bench allowed plea and granted bail to the accused subject to execution of a personal bond of ₹2 lakh, with two sureties of like amount.The petitioner was represented by advocate S Manoj Kumar while the State was represented by Advocate RD Renukaradhya..[Read Order]