Parth Bajaj
On June 23, 2025, the Andhra Pradesh High Court clarified the legal interpretation of the term “Ganja” under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Court held that only the flowering or fruiting tops of the cannabis plant fall under the statutory definition of “Ganja”, while the seeds and leaves, when not accompanied by these tops, are specifically excluded from its scope.
The definition under Section 2(iii)(b) of the NDPS Act reads:
“ganja, that 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.”
The present case involved a couple accused of transporting 32 kilograms of cannabis from Odisha into Andhra Pradesh. They allegedly purchased it at a lower price with the intention of selling it for profit. However, their legal representative contested the charge by arguing that the seized material primarily consisted of leaves and stems, parts of the plant that are not considered illegal unless accompanied by flowering or fruiting tops.
The Bench of Justice Venkata Jyothirmai Pratapa held, “As rightly put by the learned counsel for the petitioner, the definition of Ganja under NDPS Act takes in its ambit only the flowering or fruiting tops of cannabis plant and excludes the seeds and leaves when not accompanied by the tops. Thus, the definition of ‘Ganja’ is restricted and it does not include the seeds and leaves of Ganja plant. As can be seen form the record the police while weighing the contraband did not segregate flowering tops from other material.”
This clarification came while the Court was hearing a criminal petition under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners i.e., husband and wife, were accused under Sections 20(b)(ii)(C) and 25 read with Section 8(c) of the NDPS Act, following a seizure of 32 kgs of what the police claimed to be “Ganja.” However, the petitioners contended that the contraband consisted mainly of leaves, flowers, nuts, and stems, not the flowering tops. They argued that the police had failed to separate the different parts of the plant before weighing and identifying the substance.
The Court noted that this procedural lapse made it improper to classify the entire seized material as Ganja. Additionally, it observed that the non-compliance with mandatory provisions under the Act raised serious doubts about the fairness of the investigation.
Consequently, the Single Judge allowed the criminal petition and granted regular bail to the accused, refusing to apply the stricter bail limitations under Section 37 of the NDPS Act.
Case Name: Killo Subbarao and Others v. The State Of Andhra Pradesh
Case Number: CRLP No: 5306/2025
Bench: Justice Venkata Jyothirmai Pratapa
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