Cannabis seeds, leaves not ganja: Andhra Pradesh High Court weeds out confusion

The Andhra Pradesh High Court has held that seeds and leaves of the cannabis plant do not fall under the legal definition of “ganja” as outlined in the Narcotic Drugs and Psychotropic Substances Act, 1985.

In a significant ruling, the single bench of Justice K Sreenivasa Reddy observed that under the provisions of the Act, only the flowering or fruiting tops of the cannabis plant constitute “ganja” and are thus subject to legal prohibition. The court made this observation while granting bail to two individuals who had been arrested in connection with the possession of cannabis leaves and seeds.

The ruling stated, “The seeds and leaves of the cannabis plant, in the absence of the flowering or fruiting tops, do not fall within the definition of ganja under Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.”

The case was based on the arrest of the petitioners under provisions of the Act for allegedly being in possession of over 1.5 kilograms of what was reported as ganja. Upon examination of the material seized, the petitioners’ counsel argued that the substance consisted only of seeds and leaves, and not of the prohibited flowering or fruiting parts. The counsel further relied on previous judgments that clarified the definition of ganja under the law.

The court concurred with the argument and said that there was no material on record to show that the seized substance contained flowering or fruiting tops. In such a scenario, the seizure did not attract the penal provisions of the Act. Accordingly, the High Court granted bail to the petitioners.

The judgment is expected to have implications for law enforcement practices and could potentially impact pending cases where the seizure consists solely of cannabis seeds or leaves without the flowering components.

The Narcotic Drugs and Psychotropic Substances Act, 1985, provides the legal framework for controlling and regulating operations relating to narcotic drugs and psychotropic substances in India. Section 2(iii)(b) of the Act defines ganja specifically as “the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops).”

Justice Reddy’s ruling reinforces this distinction and reiterates the legislative intent to criminalise only the possession and trade of the intoxicating parts of the plant.

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