Ganja Under NDPS Act Only Makes Up Flowering Or Fruiting Tops Of Cannabis Plant, Excludes Seeds And Leaves
The Andhra Pradesh High Court has held that the definition of Ganja under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) takes in its ambit only the flowering or fruiting tops of the cannabis plant and excludes the seeds and leaves when not accompanied by the tops.
The Court was considering a Petition seeking bail in a case registered under Sections 20(b)(ii)(C) and 25 read with Section 8(c) of the NDPS Act.
The Bench of Justice Venkata Jyothirmai Pratapa held, “As rightly put by the learned counsel for the petitioner, the definition of Ganja under NDPS Act takes in its ambit only the flowering or fruiting tops of cannabis plant and excludes the seeds and leaves when not accompanied by the tops. Thus, the definition of ‘Ganja’ is restricted and it does not include the seeds and leaves of Ganja plant. As can be seen form the record the police while weighing the contraband did not segregate flowering tops from other material.”
The Petitioner was represented by Advocate Arrabolu Sai Naveen, while the Respondent was represented by the Public Prosecutor.
Facts of the Case
The Case of the Prosecution was that the Petitioners, who are husband and wife, were caught in possession of 32 kgs of Ganja, which they bought from Odisha for a low price and used to sell the same in Andhra for higher prices.
Counsel for the Petitioners submitted that the contraband articles which are seized from the possession of the Petitioners is not Ganja within the definition under Section 2(iii) (b) and (c) as the leaves, flowers, nuts and stems are excluded from the definition of Ganja and the mandatory provisions are also not followed. He averred that the Police, while weighing the contraband, are supposed to separate the leaves, flowers, nuts and stems from flowering tops. The Counsel further submitted that no adverse presumption under Section 37 of the NDPS Act can be justifiably drawn against the Petitioners.
Reasoning By Court
The Court accepted the submissions of the Counsel for the Petitioner and granted him bail.
The Petition was accordingly allowed.
Cause Title: Killo Subbarao and Others vs. The State Of Andhra Pradesh
