In a significant ruling emphasizing the importance of statutory definitions under the NDPS Act, the Andhra Pradesh High Court has clarified that the term “ganja” refers strictly to the flowering or fruiting tops of the cannabis plant, and excludes seeds and leaves unless accompanied by those tops.

Justice Dr. Venkata Jyothirmai Pratapa, while granting bail to a husband and wife accused of possessing 32 kilograms of contraband, observed:

“The definition of ‘Ganja’ is restricted and it does not include the seeds and leaves of the Ganja plant... the police, while weighing the contraband, did not segregate flowering tops from other material.”

The petitioners, seeking regular bail under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were arrested on allegations of transporting the substance from Odisha to Andhra Pradesh for commercial sale. The police had charged them under Sections 20(b)(ii)(C), 25, read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, asserting that the quantity seized amounted to a commercial quantity.

However, the defence countered that the material seized failed to meet the legal definition of “ganja” under Section 2(iii)(b) and (c) of the NDPS Act, which limits the scope to flowering or fruiting tops and explicitly excludes seeds and leaves when not accompanied by tops.

Agreeing with this position, the Court underscored that the prosecution failed to segregate the flowering tops from the rest of the material during seizure, thereby undermining the basis for treating the quantity as “commercial.” The bench further held:

“The failure to segregate and properly identify the flowering tops from other parts of the cannabis plant weakens the applicability of the presumption of guilt under Section 37 of the NDPS Act.”

Accordingly, the Court allowed the criminal petition and granted bail to the accused.

Case Title: Killo Subbarao & Ors. v. State of Andhra Pradesh
Coram: Hon’ble Dr. Justice Venkata Jyothirmai Pratapa