Bhang not a prohibited drink or drug: Karnataka HC

BENGALURU: Citing that bhang is not a prohibited drink under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the Karnataka high court has granted bail to an accused from Bihar.
"There is no scientific evidence before this court to show that bhang is prepared out of charas or ganja or ganja leaves. Ganja leaves and seeds are excluded from the definition of ganja, and nowhere in the NDPS Act is bhang referred to as a prohibited drink or prohibited drug.Even the state government has not made any rules under the NDPS Act and mentioned bhang as a prohibitory drug or issued any notifications (on bhang)," Justice K Natarajan has noted in his order, granting bail to Roshan Kumar Mishra, 23, from Madhubani.
HCs have previously held that NDPS Act doesn't cover bhang: Judge
The judge has pointed out that Bombay high court and Punjab and Haryana high court have also held that bhang is not covered under NDPS Act.
"It should be mentioned that bhang is a traditional drink; most of the people used to drink it in North India, especially near Shiva temples, and it is also available in lassi shops like all other drinks. That apart, the said bhang is sold in the market with branded names. Therefore, until the receipt of the forensic science lab report to confirm that this bhang is prepared with charas or ganja, the court cannot come to any conclusion that bhang is prepared out of the substance of ganja," Justice Natarajan has observed.
Bengaluru police arrested Mishra on June 1 and recovered from him 63 packets of Tarang Company Bhang weighing 14kg and 44 packets of Masti Munaka Company Bhang weighing 10kg, along with 400gm ganja. He was booked under Section 20(b) of the NDPA Act, 1985. Mishra claimed that bhang is not a prohibited drink under NDPS Act and frequently used during Shivaratri festival.