The Bombay High Court recently held that when ascertaining the weight of ganja for deciding the extent of culpability under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the weight of seeds leaves and stalks of the plant have to be excluded.
The Single-judge Justice Anuja Prabhudessai said that as per Section 2(iii)(b) of the NDPS Act, Ganja means the flowering or fruiting tops of the cannabis plant excluding the seeds and leaves when not accompanied by the tops.
The Court underscored that “A plan reading of this section would reveal seeds and leaves would not be covered under the definition of ‘Ganja’ unless they are accompanied by the flowering or fruiting tops of the Cannabis plant.”
Therefore, it granted bail to an accused in a narcotics case after observing that the quantity of ganja seized from him may have included the weight of leaves, seeds and stalks of the plant without flowering or fruiting part.
Hence, there was doubt in whether the Ganja seized amounted to commercial quantity attracting more rigorous punishment under Section 20(c) of the NDPS Act.
The Court stated that “The fact that the entire substance was weighed together without quantifying the weight of the flowering or fruiting tops, casts a doubt whether ‘Ganja’ seized from the Applicant was of commercial quantity as to attract provision under Section 20(c) of the NDPS Act.”
The prosecution case was the applicant accused was in possession of more than 20 kgs of ganja, which amounted to commercial quantity as per NDPS Act.
The Court checked from the records that the investigating agency had not drawn samples independently from both the bags, but mixed together the entire contraband in both bags. From this, one sample was drawn and sent to the Central Forensic Science Laboratory for analysis.
The records revealed that the total weight of the substance seized was 21 kgs which included the weight of seeds, leaves and stalks, which prima facie weren’t accompanied by the flowering or fruiting part.
The Court observed that “The records prima facie reveal that the total weight of ‘Ganja’ allegedly seized from the Applicant was 21 kgs., which is 1kg in excess of the quantity specified by the Government in the notification. As noted above, the substance, which was seized contained leaves, seeds, stalks and flowering fruiting tops. The total weight of the substance, which was seized was 21 kilograms and this includes the weight of leaves, seeds and stalks, which prima facie were not accompanied by the flowering or fruiting part.”
In view of the above, the Court directed that the accused be released on bail on furnishing bonds to the sum of ₹50,000.
