How Is Cannabis Defined Under The NDPS Act? Bombay HC Examines

In a recent judgement, the Nagpur Bench of the Bombay High Court has held that the definition of 'ganja' or cannabis under the Narcotics Drugs and Psychotic Substances Act, 1985 (NDPS Act), is restricted and does not include the leaves, seeds, stem and stalk, when they are not accompanied by the flowering top".

In a Bail Application filed by an accused, the Court opined this restriction on the definition of "Ganja" and analyzed its implementation in the procedure for weighing for determination of whether it meets the threshold of commercial quantity under the NDPS Act, i.e., 20kgs.

Case Background

The present order arises out of a bail application in the case of Mohammad Jakir Nawab Ali vs The State of Maharashtra. It revolves around the seizure of contraband 'Ganja' from a Maruti Swift Car, that Mr. Mohammad Jakir Nawab Ali (the 'Accused') was driving. The local crime branch, acting on a tip, conducted a raid and recovered 50kg of contraband from the back