Ganja Seeds Not Banned Contraband Under NDPS Act : Supreme Court
Live LawThe Supreme Court recently granted bail to a man accused of supplying Ganja seeds on the ground that the definition of "ganja" under the Narcotic Drugs and Psychotropic Substances Act, 1985 does not include ganja seeds.A Division Bench of Justice Hrishikesh Roy and Justice Manoj Misra observed that“The materials on record show that the petitioner has supplied Ganja seed for cultivation and. The Supreme Court recently granted bail to a man accused of supplying Ganja seeds on the ground that the definition of "ganja" under the Narcotic Drugs and Psychotropic Substances Act, 1985 does not include ganja seeds. A Division Bench of Justice Hrishikesh Roy and Justice Manoj Misra observed that “The materials on record show that the petitioner has supplied Ganja seed for cultivation and as per the definition of Ganja in Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985, it is not a banned contraband. There are no specific allegation that the Ganja seeds were supplied by the petitioner to the other person with an intention to receive back the grown Ganja after cultivation.” The definition of "ganja" as per the NDPS Act is as follows : "ganja is, the flowering or fruiting tops of the cannabis plant, by whatever name they may be known or designated" The Petitioner had approached the Apex Court challenging the order of the Gujarat High Court rejecting his bail application.