Definition, as given in Section 2(d)(ii) above thus indicates, if bhang (hemp) is referred to without specifying particular parts thereof, in mentioned terms, offence would fall within purview of Prohibition (Enforcement ofHadd) Order IV of 1979--Situation, however, would change if specific parts, flowering or fruit tops of cannabis-plant, from which resin has not been extracted, are alleged to have been recovered from accused, his case shall be covered by Control of Narcotic Substances Act 1997 and recovery of bhang/hemp would fall within mischief of Section 9(a) or 9(b) or 9(c) of Act (ibid), as situation may be.
PLJ 2015 CRC 167
Accused from whose possession 3 kgs of bhang was recovered granted bail on the ground that no specific part of it and whether it falls within ambit of CNSA or prohibition ordinance .
2018 MLD 1416
Bhang, recovery of three kilogram--Petitioner first offender, having no criminal record, investigation complete and no more required for from them investigation--Recovery of Bhang without specifying parts--Bail allowed.
PLJ 2018 CrC 626
Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail after arrest, grant of--Allegation of--Recovery of two and half kg bhang--No mention or specification as to which particular part the plant was recovered from the petitioner and, the requirements of Section 2(d)(ii) of the Act ibid are not fulfilled, and it would be adjudged by the trial Court after recording evidence at trial if the case of the petitioner falls within the ambit of Section 2(d)(ii) of the Control of Narcotic Substances Act, 1997--Petitioner was in jail since his arrest and his continuous detention for indefinite period would be unfair--Petitioner has got no previous record and, thus, would be believed as first offender.
PLJ 2019 Cr.C 654
497--Control of Narcotic Substances Act, (XXV of 1997), S. 2 (d)--Bail, grant of--Recovery of Bhang--Recovery of ‘Bhang’ without specifying parts thereof, from petitioner has been alleged. Bail allowed.
PLJ 2020 CrC 760
Recovery of Bhang--Post-arrest bail, grant of--False allegation--Bhang did not fall within definition of Section 2(d)--Challenge to--If definition as provided u/S. 2(d) (i)(ii) of CNSA is seen cannabis (hemp) means cannabis resin it is specifically mentioned that extract of cannabis as resin which basically is form knownvisCharas--Report of chemical examiner is still availed--Petitioner is admitted to post arrest bail amount to satisfaction of trial Court--Bail was allowed.
PLJ 2020 CrC Note 72
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