Introduction:

The Punjab and Haryana High Court addressed the interpretation of ‘ganja’ under the NDPS Act in a recent case involving the possession of cannabis seeds and flowering tops. Justice Deepak Gupta, while hearing a bail plea, emphasized that cannabis seeds, when accompanied by flowering tops, constitute ‘ganja’ under the Act. The case involved Sanjay Upadhyay, charged with possession of 30 kgs of cannabis under various sections of the NDPS Act.

Arguments of Both Sides:

Sanjay Upadhyay argued that the seized material, comprising seeds and flowering tops, did not qualify as ‘ganja’ under Section 2(iii)(b) of the NDPS Act. His counsel contended that only the flowering or fruiting tops, excluding seeds and leaves, should be considered as ‘ganja’. However, the prosecution maintained that the entire weight of the material, including seeds and flowering tops, should be considered to determine the total weight of the contraband.

Court’s Judgement:

The High Court, citing the NDPS Act’s definition of ‘ganja’, concluded that seeds and leaves are excluded from the definition only when unaccompanied by the tops. Referring to a previous ruling, the Court affirmed that the recovered material, comprising seeds and flowering tops, fell within the ambit of ‘ganja’. It rejected the petitioner’s argument to exclude seeds from the total weight, noting that the recovered material constituted ‘ganja’ under the Act. Additionally, considering the petitioner’s involvement in multiple NDPS cases and his status as a habitual offender, the Court dismissed the plea.