Andhra Pradesh High Court Grants Bail In 32 Kg Cannabis Case
In a landmark ruling, the Andhra Pradesh High Court held that ganja leaves without flowering tops do not fall under the NDPS Act’s definition of “ganja” and granted bail to the accused couple.
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ANDHRA PRADESH: In a crucial interpretation of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Andhra Pradesh High Court has ruled that ganja leaves alone without the presence of flowering or fruiting tops do not fall under the statutory definition of ‘ganja’. The ruling came in a bail application filed by a couple accused of trafficking 32 kilograms of alleged contraband.
The Court granted bail to a couple found with 32 kg of cannabis leaves, emphasizing the police’s failure to properly handle and segregate the seized material.
Background of the Case
The petitioners, a husband and wife, were arrested by the G.Madugula Police under Crime No. 1 of 2025, on charges of possession and transportation of ganja. According to the prosecution, the couple procured the contraband from Odisha at a lower price and sell it at a higher price in Andhra Pradesh.
The accused were charged under Sections 20(b)(ii)(C), 25, read with 8(c) of the NDPS Act, 1985, for dealing in a commercial quantity of narcotic substances. They approached the High Court seeking regular bail under Sections 480 and 483 of the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023.
Issue Before the Court
Whether the petitioners are entitled to regular bail despite being caught with a large quantity of material alleged to be “ganja”?
Whether there are any justifiable grounds to release the petitioners on bail’?
Observation of the Court
The primary legal argument by the petitioners was rooted in the definition of ‘ganja’ under Section 2(iii)(b) of the NDPS Act. According to this provision, only the flowering or fruiting tops of the cannabis plant constitute ganja. Leaves and seeds, if not accompanied by the tops, are excluded.
The petitioners’ counsel contended that:
- The seized substance consisted only of leaves, not flowering tops.
- The mandatory procedure of segregation was not followed by police.
- Thus, the accused could not be held liable under the stringent provisions applicable to ganja.
The Court clarified that under Section 2(iii)(b) of the NDPS Act, 1985, only the flowering or fruiting tops of the cannabis plant are considered “ganja”, and that seeds and leaves are excluded unless accompanied by the tops.
The Court also found that the police did not segregate the flowering tops from other plant parts when weighing the seized contraband, violating procedural safeguards under the NDPS Act.
Since the mandatory elements to constitute ‘ganja’ were not fulfilled and no adverse presumption under Section 37 could be drawn, the Court found justifiable grounds for bail.
The Court held that,
“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 Court allowed the Criminal Petition, imposing certain conditions:
- The petitioner shall be released on bail, on a personal bond of Rs. 20,000 each with two sureties;
- The petitioners shall appear before the Station House Officer concerned, once in a week i.e., every Sunday between 10:00 AM to 5:00 PM, till filing of the charge sheet;
- The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person from disclosing such facts to the Court or to any investigating or Police Officer relating to the case.
READ ORDER:
CASE TITLE: Killo Subbarao and Others v. The State Of Andhra Pradesh
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