'Ganja' seeds not banned, rules Andhra Pradesh HC

In a landmark judgement, the Andhra Pradesh High Court has ruled that 'Ganja' seeds and leaves do not fall under the purview of the banned substances under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

As reported by Live Law, the court made this clarification while dealing with the petition of a couple, who had bought the alleged contraband articles from Odisha to Andhra Pradesh with the intention of selling for a profit.

In its judgement, court held that the definition of 'Ganja' under the NDPS Act is limited to the flowering or fruiting tops of the cannabis plant, and excludes from its ambit the seeds and leaves when not accompanied by the tops. Under Section 2(iii)(b) of the NDPS Act, the definition of ‘ganja’ is as follows; “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.”

It may be recalled that a criminal petition was filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Apparently, 32 kgs of Ganja was seized from the petitioners.

The petitioners claimed the substance cannot be termed ‘ganja’ as the leaves, flowers, nuts and stems are excluded from the definition.

High court judge, Justice Venkata Jyothirmai Pratapa said, “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 the Ganja plant.”