Mumbai: In a significant order, the Bombay High Court on Thursday observed that the flowering part, when accompanied by leaves and seeds, was included in the definition of marijuana and was rejected by a guardian to a man who was ordered based on the Directorate of Income Income (DRI), Pune, seized The truck carrying a commercial number was 835 kg instead worth RS 1.25 Crore in May 2019.
The truck was allegedly transferred from Yavatmal in the Vidarbha Maharashtra region to Pune through Ahmednagar.
The defendant sat in a car suspected of escorting the truck.
The chaitanya advocate with Siddhi Bhosale to accuse looking for a bail, confiscated sample “consists of peaks and leaves of fruit and leaves and is a sample of about 30 grams” and therefore includes leaves too, therefore not in accordance with the definition.
Cannabis is given in narcotics of narcotics medicines (NDPS) VG justice bench Bisht says that samples are confiscated “consisting of peaks and leaves that bear fruit and leaves, and therefore, because ‘marijuana’ is accompanied by plant flower parts along with leaves, excellent Facie, it will be borne in terms of the definition of ‘marijuana’ expression as provided by Part 2 (III) (b) of the NDPS law.
“Section 2 (III) (b) defines ‘marijuana'” the peak of marijuana plants or not included Seeds and leaves when not accompanied by peaks) “.
Sethna has quoted a 2009 SC decision at Shiv Kumar Mishra vs.
Cave State where SC said, “…
it has been determined that marijuana which is confiscated consists of a section of greenish brown and flower (in moisture) which, in terms of the definition of expression “Marijuana”, it will include seeds and leaves of marijuana plants since marijuana seized accompanied by parts of plant flowers.
“Justice Bisht said besides considering” the nature and gravity of its violations.
I did not find the benefits in the application “and hence rejected the PLEA Bail asked last year.
Sethna also argues that DRI has fulfilled the provisions of actions in seizures and arrests.
This application believes the non-compliance of the procedure for disposal of confiscated drugs.
The law said for inventory certification, an application must be carried out by the Investigation Agency to the judge and in this case, it was made for ‘Sub-Division Judge, Pune.’ But the HC records ‘certification’ is to be signed by the judge, and can be seen during the trial.
The prosecution case was that on May 19, 2019, while a police informant and other police personnel patrolled in Ahmednagar Kalyan Road, they received confidential information about the transportation of illegal narcotics drugs through the truck and that the four wheels escorted him.
Both vehicles are intercepted.
HC orders said the DRI’s case also ‘accused Gundurao Patil, Illabaksh Mundhe (applicant) and one more person in the car and was being baked “Patil revealed the widers of marijuana in the truck.” The raid team found 149 packages weighing 835.48 kg of marijuana worth Rs 1.25.32.200.
Advocates for Mundhe said statements together could not be used against their clients.
HC said while a joint statement did not accuse any accusations in the current part of the applicant (Mundhe) -Thati he knew the fact of the widening of marijuana, added, “However, a person cannot forget the fact that the applicant has a constant contact with the driver of the vehicle where the contraband is hidden.
At At the same time, it might also be noted that he was found in a company accused of being together.
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