'Ganja' Covers Only Flowering or Fruiting Tops, Not Leaves or Seeds: Andhra Pradesh High Court

In a significant judgment reinforcing the importance of statutory definitions, the Andhra Pradesh High Court has recently clarified that the definition of ganja under the Narcotic Drugs and Psychotropic Substances (NDPS) Act is restricted to the “flowering or fruiting tops” of the cannabis plant and does not include the seeds and leaves of the plant.

In doing so, a bench led by Justice Dr. Venkata Jyothirmai Pratapa granted bail to a husband and wife accused of possessing 32 kilograms of ganja. The judge held, “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 ruling came in response to a plea filed by the petitioners, a husband and wife, seeking regular bail under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The prosecution had alleged that the accused couple were found in possession of 32 kilograms of ganja, which they had transported from Odisha to Andhra Pradesh for commercial sale.

The police had seized the contraband and registered offences under Sections 20(b)(ii)(C), 25, read with 8(c) of the NDPS Act, 1985, contending that the quantity involved constituted a "commercial quantity."

On the other hand, the defence, represented by Advocate Arrabolu Sai Naveen argued that the seizure did not fulfil the statutory definition of “ganja” under Section 2(iii)(b) and (c) of the NDPS Act, which defines ganja as only the flowering or fruiting tops of the cannabis plant— excluding seeds and leaves unless accompanied by the tops.

Agreeing with the defence, the high court held," ..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 High Court further added that the failure to properly identify and segregate the flowering tops from other parts of the cannabis plant undermines the presumption of guilt under Section 37 of the NDPS Act.

Accordingly, the criminal petition was allowed.

Case Title: Killo Subbarao and Others vs The State Of Andhra Pradesh

Read order here: