Bombay High Court: Ganja Under NDPS Act Only Includes Cannabis Flowering Head

Thank you for reading this post, don't forget to subscribe!

The Bombay High Court’s Nagpur bench clarified that under the NDPS Act, ‘ganja’ refers only to the fruiting or flowering tops of the cannabis plant, excluding seeds and leaves. This observation was made while granting bail to a man charged under the Act.

Mumbai: The Bombay High Court’s Nagpur bench recently ruled that ‘ganja’ under the NDPS Act specifically refers to the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves. Justice Urmila Joshi Phalke emphasized that the legal definition of ‘ganja’ in the Act is limited to the tops and does not cover other parts of the plant unless accompanied by these tops.

The Court said,

“The definition of term ‘ganja’ defines and clarifies that ‘ganja’ is the flowering or fruiting tops of the cannabis plant excluding the seeds and leaves when not accompanied by the tops“,

The Bombay High Court granted bail to Mohammad Jakir Nawab Ali, who was accused of carrying a commercial quantity of cannabis. The case hinged on the court’s observation that under the NDPS Act, ‘ganja’ refers only to the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves. This distinction was significant because the police had failed to properly segregate the seized contraband before weighing it, casting doubt on whether the total amount exceeded the commercial quantity threshold of 20 kilograms.

Also Read: Ganja In Court: Repeat Offenders Caught with Ganja During Court Appearance

Ali was arrested on December 7, 2021, following a police raid based on a tip-off about contraband transportation. The police intercepted his vehicle and seized around 50 kilograms of what they labeled as ganja. However, during the bail hearing, Ali’s defense argued that the confiscated material mainly consisted of leaves, seeds, and stems—parts that don’t meet the Act’s definition of ganja unless mixed with the tops. The court found merit in this argument, questioning the validity of the charges and granting Ali bail.

The Court mentioned,

“As seen from the FIR and the investigation papers, the quantity of 50 kg of ganja was seized from the vehicle. However, the inventory certificate as well as the recitals of the FIR and the panchnama show that the seized articles were leaves, seeds, stems, and stalks,” 

The Court noted that none of the investigation papers indicated whether the seized materials were properly segregated before being weighed. This lack of segregation raised doubts about whether the police accurately determined the quantity of ganja, as the seeds and other non-prohibited parts of the plant were not separated.

The Court emphasized that this oversight made it difficult to establish whether the contraband seized met the threshold for a commercial quantity under the NDPS Act.

Also Read: [NDPS Cases]”Bail May Be Granted for Ganja and Charas Cases, Not for Heroin”: Supreme Court

Additionally, Ali’s counsel argued that delays in the trial infringed on his right to a speedy trial, citing a recent Supreme Court decision in Ankur Chaudhary vs. State of Madhya Pradesh. The Court acknowledged this point, concluding that Ali had made a valid case for bail. In its ruling, the Court observed that without proof that flowering or fruiting tops were seized, it was hard to hold Ali’s involvement.

Ali was granted bail on a personal bond of Rs. 50,000 with conditions, including monthly reporting to the local police station.

FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES