‘Ganja’ Seeds, Leaves Not Banned Under NDPS Act: Andhra Pradesh High Court
In a judgement dated 23.06.2025, the Andhra Pradesh High Court has held that the definition of ‘Ganja’ under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is limited to the flowering or fruiting tops of the cannabis plant, and excludes from its ambit the seeds and leaves when not accompanied by the tops.
For reference, Section 2(iii)(b) of the NDPS Act, which enacts the definition of ‘Ganja’, states:
“ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated”
Justice Venkata Jyothirmai Pratapa explained,
“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.”
Background
The Court was dealing with a Criminal Petition filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the petitioners, who were accused of offences under Sections 20(b)(ii)(C), 25 read with Section 8(c) of the NDPS Act, sought regular bail.
A total of 32 kgs of Ganja was seized from the petitioners, who were husband and wife and had bought the contraband from Odisha for a low price to sell in Andhra Pradesh at a higher price.
The petitioners submitted that the seized contraband articles cannot be termed as ‘Ganja’, as defined under Section 2(iii) (b) and (c), as the leaves, flowers, nuts and stems are excluded from the definition. The mandatory provisions were also not followed and the police, while weighing the contraband, should have separated the leaves, flowers, nuts and stems from flowering tops. It was further argued that no adverse presumption under Section 37 of NDPS Act could be justifiably drawn against the petitioners.
Accepting the submissions of the petitioners, the Single Judge noted that the police had not segregated flowering tops from other material while weighing the contraband. In lieu of this, the Single Judge was inclined to enlarge the petitioners on bail.
Accordingly, the Criminal Petition was allowed.
Case Details:
Case Number: CRIMINAL PETITION NO: 5306/2025
Case Title: Killo Subbarao and Others v. The State Of Andhra Pradesh
