Seeds & Leaves Without Flowering Tops Not 'Ganja' As Per NDPS Act, Rajasthan HC Grants Bail To Accused Claiming To Be Bhang Contractor

While granting bail to an accused claiming to be a 'Bhang' contractor, Rajasthan High Court iterated that the definition clause of NDPS Act contemplates only the 'flowering or fruiting tops of cannabis plants' within the definition of 'Ganja'.

The single-judge bench of Justice Praveer Bhatnagar allowed the bail application under Section 439 CrPC. Leaves of the cannabis plant weighing 28.600 gms were shown to be recovered from the accused by the Police.

“…Section 2 (iii)(b) of the NDPS Act contains the definition of Ganja…The seeds and leaves without tops are not termed as Ganja…Therefore, without commenting anything on the merits/demerits of the case, I deem it just and proper to enlarge the accused-petitioner on bail”, the bench sitting at Jaipur noted and directed the accused to furnish a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial court.

The definition of "ganja" as per the NDPS Act is as follows :

"ganja 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"

Prior to the arrest of the accused, FIR No.32/2024 was registered at Khandar Police Station in Sawai Madhopur District for offences under Section 8/20 of the NDPS Act. Before the High Court, the petitioner's counsel submitted that he was a 'Bhang' contractor possessing a valid license. The alleged contraband recovered by the police has been falsely claimed as 'Ganja'; leaves and stalks of the cannabis plant are not included in the definition of 'Ganja' given in the Act, submitted the counsel.

The counsel for the accused/petitioner also drew the court's attention to Central Government notification S.O.527 dated 16.07.1996 specifying small & commercial quantity of Narcotic Drugs and Psychotropic Substances, which does not mention small & commercial quantity of cannabis plant.

Recently, a Division Bench of Justice Hrishikesh Roy and Justice Manoj Misra had observed in a similar matter before the apex court that Ganja seeds supplied for cultivation cannot be brought within the ambit of NDPS Act as a banned contraband [Hasubhai Kamabhai Thakor v. State of Gujarat, 2023 LiveLaw (SC) 354].

Advocate Dinesh Kumar Pathak represented the petitioner/accused. Public Prosecutor S.S. Saini appeared for the State.

Case Title: Rajesh Sharma v. The State of Rajasthan Through PP

Case No: S.B. Criminal Miscellaneous Bail Application No. 2376/2024

Citation; 2024 LiveLaw (Raj) 40

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