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Synopsis

The Bombay High Court has recently observed that the definition of Ganja only includes flowering or fruiting on top of the plant but excludes the seeds and leaves of plant.

“It is significant to note that 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,” the order reads.

A single-judge bench of the Bombay High Court, comprising Justice Urmila Joshi Phalke, was hearing a bail application filed by Mohammad Jakir Nawab Ali, who was booked for possessing a commercial quantity of ganja.

Ali was arrested on December 7, 2021, following a police raid based on a tip-off, during which 50 kilograms of ganja were found on the back seat of a vehicle.

The applicant contended that the seized material included leaves, seeds, stems, and stalks, which do not meet the NDPS Act's definition of ganja unless accompanied by flowering or fruiting tops. He also argued that he had a right to a speedy trial, and there had been a delay in the trial.

The high court, in its order, noted that there was nothing to show that, during the weighing of the contraband, the investigating officer had segregated the seeds or other parts of the plant to ascertain the exact quantity of ganja.

“…there is nothing on record to prima facie show that before carrying weight of the seized plant of ganja, the investigating officer had segregated the seeds or the other parts of the plant in order to ascertain the exact quantity of ganja. In fact, none of the paper mentions that the said contraband articles which were seized includes the flowering or fruiting tops of cannabis plant. This fact becomes further clear from the panchanama also,” the order reads.

Accordingly, the high court granted bail to Ali while noting that, “Thus after perusal of the investigating papers, prima facie, the material complied with the charge[1]sheet, it is difficult to accept that the alleged prohibited substance is within the definition of ganja under the NDPS Act. Since the only flowering or fruiting tops of cannabis plant are classified as ganja, in absence of the said substance being seized from the applicant, prima facie involvement of the applicant is difficult to hold. Moreover, there is inordinate delay in conducting the trial and, therefore, the right of the accused of speedy trial is affected,” the order reads.

Case title: Mohammad Jakir Nawab Ali vs State of Maharashtra