Andhra Pradesh: The Andhra Pradesh High Court has delivered a significant judgment clarifying the definition of ‘ganja’ under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), emphasizing that the term is restricted to the flowering or fruiting tops of the cannabis plant and excludes seeds and leaves when not accompanied by the tops.
Justice Dr. Venkata Jyothirmai Pratapa made crucial observations regarding the definition of contraband substances under the NDPS Act while granting bail in Criminal Petition No. 5306 of 2025.
The court was hearing a bail application filed by Killo Subbarao and others seeking regular bail in Crime No. 1 of 2025 registered at G. Madugula Police Station. It noted, “This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Accused Nos. 1 and 2, seeking regular bail.”
Addressing the specific charges, the court observed, “A case has been registered against the petitioners and others for offences punishable under Sections 20(b)(ii)(C) and 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’).”
Highlighting the prosecution’s case, the court stated, “The prosecution alleges that the petitioners, who are husband and wife, were found in possession of 32 kg of ganja. They allegedly procured it from Odisha at a low price and sold it in Andhra Pradesh at a higher rate.”
The petitioners’ counsel contended, “The contraband seized does not qualify as ganja under Section 2(iii)(b) and (c) of the NDPS Act, as leaves, seeds, and stems are excluded from the definition unless accompanied by the flowering or fruiting tops. Furthermore, the mandatory procedural requirements were not followed.”
He emphasized that, “While weighing the contraband, police authorities must separate the leaves, seeds, and stems from the flowering tops.”
Agreeing with this argument, the court ruled, “As rightly pointed out by learned counsel for the petitioners, the definition of ‘ganja’ under the NDPS Act covers only the flowering or fruiting tops of the cannabis plant and excludes seeds and leaves when not accompanied by such tops.”
The court also noted procedural lapses, stating, “As evident from the record, the police did not segregate the flowering tops from the rest of the material while weighing the contraband.”
Taking these submissions into account, the court allowed the bail application and directed the release of the petitioners upon furnishing a personal bond of ₹20,000 each with two sureties of like amount, subject to conditions including weekly reporting to the Station House Officer and non-interference with witnesses.
In conclusion, the court reiterated the narrow scope of the definition of ‘ganja’ and underscored the importance of compliance with prescribed procedures during seizure and weighing of contraband.
Counsel: Mr. Arrabolu Sai Naveen appeared for the petitioners; the Public Prosecutor appeared for the State of Andhra Pradesh.
Case Title: Killo Subbarao and Others vs. The State of Andhra Pradesh
