‘Ganja’ Under NDPS Covers Only Flowering Tops, Not Leaves or Seeds : AP High Court

The Andhra Pradesh High Court granted bail to a couple accused of possessing 32 kg of “ganja”, clarifying that under Section 2(iii)(b) of the NDPS Act, “ganja” refers solely to the flowering or fruiting tops of the cannabis plant and explicitly excludes seeds and leaves if not accompanied by the tops. 

The Court noted the police failed to separate tops from leaves and seeds during weighing the contraband, violating statutory procedure. The court emphasised that the proper identification of the seized material is crucial under the NDPS Act.

Finding no basis for weighing the total quantity as ganja, the Court held the presumption under Section 37 NDPS did not apply, and granted regular bail with conditions