Saurabh Malik
Tribune News Service
Chandigarh, December 9
Putting to rest a controversy over the meaning of ganja in the Narcotic Drugs and Psychotropic Substances Act, the Punjab and Haryana High Court made it clear that flowering or fruiting tops of a cannabis plant would be considered ganja even when accompanied by seeds and leaves.
The ruling by Justice Jasgurpreet Singh Puri came on two petitions where the counsel for the petitioners-accused claimed that the seized material was not ganja, but only ganja patti. As such, the petitioners were entitled to grant of bail.
Referring to the provisions of the NDPS Act, the counsel had submitted that ganja was defined as “flowering or fruiting tops of the cannabis plant excluding seeds and leaves”. The FSL report in the present case had, on the other hand, stated that the flowering/fruiting tops were found along with seeds etc. and as such, the confiscated material was not covered under the definition given in the Act.
Justice Puri asserted: “A plain reading of the same would show that when flowering or fruiting tops of the cannabis plant are present, even if they are accompanied by seeds and leaves, it would still be ganja and furthermore, by whatever name they may be known or designated. Therefore, the argument raised by the counsel for the petitioners is wholly unsustainable and contrary to the plain language incorporated by the legislature in Section 2 (iii) (b) of the NDPS Act,” Justice Puri asserted.
Turning down the bail pleas, Justice Puri added the description of confiscated narcotic drug — greenish brown vegetative material having flowering/fruiting tops and seeds etc. — coupled with the opinion of the Forensic Science Laboratory identifying the material as ganja would fall within the definition contained in the NDPS Act.
Justice Puri added the expression ganja patti used by the police would not confer any right upon the petitioners to escape from the definition of ganja, especially when the FSL report was of the opinion that the material was ganja. As the confiscated narcotic drug in the present case was of commercial quantity, the bar on granting bail under Section 37 of the NDPS Act would be attracted. No ground was available to the petitioners for making any departure from the bar.
Court puts to rest controversy over definition of ganja in Act
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