According to Bombay High Court, the term ganja (marijuana) refers solely to the flowering and fruiting tops of the cannabis plant.
The HC ruled that the weight of seeds, leaves and stalks parts shouldn’t be considered when determining the quantity of marijuana seized from an accused.
Leaves, seeds and stalks cannot be considered as ganja unless accompanied by the tops, a reading of the Narcotic Drugs and Psychotropic Substances (NDPS) Act implies.
According to the Act, possession of more than 20 kgs of ganja amounts to commercial quantity.
What was the case about?
Bombay High Court‘s this clarification came while it was deciding on a case where a man was caught with marijuana.
Officials were confused on whether the amount of ganja seized from the accused amounted to commercial quantity making him eligible for more rigorous punishment under the NDPS Act.
The court, however, found that the investigating agency had not drawn samples independently from both bags but had mixed together the entire contraband in both bags.
After this, one sample was drawn and sent to the Central Forensic Science Laboratory for analysis.
The records showed that the total weight of the substance seized was 21 kgs, but included the weight of seeds, leaves and stalks.
As a result, the Bombay High Court released the accused on bail and furnished bonds amounting to Rs 50,000.