‘Ganja’ under NDPS Act excludes seeds and leaves: Andhra Pradesh High Court grants bail in 32 kg seizure case

In a recent ruling, ‘Ganja’ under NDPS Act [Narcotic Drugs and Psychotropic Substances Act, 1985] excludes seeds and leaves, Andhra Pradesh High Court grants bail in 32 kg seizure case by Justice Venkata Jyothirmai Pratapa, highlighting critical lapses in procedural compliance. The petitioners, a husband and wife, were arrested with 32 kilograms of Ganja, which the prosecution alleged they had sourced from Odisha for resale in Andhra Pradesh. Charges were framed under Sections 20(b)(ii)(C), 25 read with Section 8(c) of the NDPS Act, and the couple sought bail through a criminal petition filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The prosecution strongly objected to the bail, citing the commercial quantity involved and invoking Section 37 of the NDPS Act, which imposes stringent conditions for granting bail in such cases. However, the petitioners challenged the nature of the seized material, arguing it did not meet the legal definition of “Ganja” under Section 2(iii)(b) and (c) of the NDPS Act. They pointed out that the seizure comprised stems, leaves, and seeds, without clear evidence of accompanying flowering or fruiting tops, which are the only parts legally defined as Ganja.

A key argument centered on the failure of authorities to separate and weigh only the qualifying parts of the cannabis plant during seizure. This oversight, according to the petitioners, undermined the legal validity of the prosecution’s case, as the entire quantity could not automatically be considered contraband under the Act. The Court concurred, noting that the inclusion of non-prohibited plant parts rendered the seizure procedurally flawed. It held that without proper segregation, it could not be presumed that the full 32 kilograms consisted solely of the legally defined prohibited substance.

Given these shortcomings in evidence handling and the lack of clear identification of the contraband, the Court ruled that the prosecution’s case had significant weaknesses at this preliminary stage. Consequently, the petitioners were granted bail with conditions: each must furnish a personal bond of Rs 20,000 with two sureties of equal amount. Additionally, they are required to report to the local police station every Sunday until the filing of the charge sheet and must refrain from influencing witnesses or obstructing the investigation.

The decision underscores the importance of strict procedural adherence in narcotics cases, especially where statutory definitions and evidentiary standards play a crucial role in determining culpability.

Case details- [Killo Subbarao v. State of Andhra Pradesh, 2025 SCC OnLine AP 2280, decided on 23-06-2025]