In the case of Hasubhai Kamabhai Thakor V. State of Gujrat, The petitioner is before this court contesting the rejection of his bail petition by the High Court under the impugned order. It is alleged that the petitioner supplied Ganja seed for cultivation and as per the definition of Ganja in Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
According to Justices Hrishikesh Roy and Manoj Misra, it is not a prohibited item. There is no particular claim that the petitioner gave the other person cannabis seeds with the intent to return the mature plant after cultivation. As a result, the bench granted the petitioner bail.