Cannabis plant material cannot be weighed as ganja without separating its flowering or fruiting tops.

In brief

The question

Whether the seized cannabis plant material could be treated in its entirety as “ganja” when the flowering or fruiting tops had not been separated and weighed apart from other plant parts.

The court held

The Court allowed the petition and directed the trial court to release the petitioner on bail.

It also directed

Conditions included a personal bond of ₹2,00,000 with two sureties for the like sum; non-interference with prosecution witnesses; cooperation with the investigation; no involvement in similar offences; and attendance before the investigating officer or station house officer every fortnight for six months or until filing of the final report, whichever occurred first.

The prosecution may seek cancellation of bail for breach of the conditions.

01Facts

The petitioner was arrested in Crime No. 80/2026 of Udyambag Police Station for an offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

The prosecution alleged that a raid on 19 August 2026 resulted in the seizure of 1.212 kg of ganja and a motorcycle.

p. 2

The petitioner sought regular bail, arguing that the seized material included seeds, leaves, stems, branches and roots, which had not been separated from the flowering or fruiting tops before weighing.

pp. 3–4

The State opposed bail, asserting that the seized quantity was commercial and that the petitioner might reoffend, threaten witnesses or abscond.

p. 4

02Issues

i.Whether the seized cannabis plant material could be treated in its entirety as “ganja” when the flowering or fruiting tops had not been separated and weighed apart from other plant parts.

pp. 3–5

ii.Whether the petitioner was entitled to regular bail in the circumstances of the case.

pp. 4–6

03Law Applied

Section 2(iii)(b) of the NDPS Act defines “ganja” as the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops.

p. 5

The Court considered the alleged offence under Section 20(b)(ii)(B) of the NDPS Act and the possibility of an offence under Section 20(a), which it noted carries imprisonment that may extend to ten years and a fine that may extend to ₹1 lakh.

p. 5

The petition was brought under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

p. 2

Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Code of Criminal Procedure, 1973 Section 439

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 2 Section 20

04Reasoning

The Court found that the seized 1.212 kg comprised seeds, leaves, stems, branches, roots and flowering or fruiting parts, but the investigating officer had not separated or separately weighed the flowering or fruiting tops.

pp. 4–5

Because only the flowering or fruiting tops fall within the statutory definition of ganja, the total seized weight could not, on the material before the Court, establish the quantity of ganja; the Court considered that the qualifying quantity would be less than commercial quantity.

p. 5

It also observed that the record contained no material showing that the petitioner had cultivated ganja plants, and took account of his permanent local residence and the circumstances relevant to the risk of absconding or interference with witnesses.

pp. 5–6