[NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC
2 years, 3 months ago

[NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC

Live Law  

The Karnataka High Court has made it clear that only when cannabis seeds and leaves are not accompanied by fruiting and flowering tops that they can be excluded from the definition of 'ganja' under Section 2 of the NDPS Act.The provision states- cannabis means ganja, that is, the flowering or fruiting tops of the cannabis plant of the NDPS Act. The provision states- cannabis means ganja, that is, the flowering or fruiting tops of the cannabis plant. Therefore, the material seized is containing flowering and fruiting tops accompanying the seeds and leaves which amounts to Ganja i.e., the leave and seed accompanied with flowering or fruiting tops of the cannabis plant. The prosecution opposed the plea saying that ganja contains leaves, fruiting tops, seeds, stems and it cannot be bifurcated at the time of seizure.

Karnataka Court Cannabis Seeds Kar Ganja Ndps Act Leaves Flowering Tops Quantity Cannabis Seeds Fruiting Tops Fruiting Accompanied  tops  ndps  fruiting  quantity  seized  cannabis  leaves  accompanied  ganja  karnataka  excluded  seeds  hc  flowering

History of this topic

‘You live in Jayanagar…’: Karnataka HC to Bengaluru man who claimed that 27 kgs ganja grew on its own at his backyard
4 months ago

‘You live in Jayanagar…’: Karnataka HC to Bengaluru man who claimed that 27 kgs ganja grew on its own at his backyard

Hindustan Times  

The Karnataka High Court on Tuesday dealt with an interesting case where a 67-year-old Bengaluru resident, Chandrashekar, denied knowing how over 27 kilograms of cannabis ended up growing in the backyard of his home. Chandrashekar, booked by Bengaluru Police for cultivating a commercial quantity of ganja, requested the case be quashed. According to a report in Bar and Bench, Chandrashekar, …

Seeds & Leaves Without Flowering Tops Not 'Ganja' As Per NDPS Act, Rajasthan HC Grants Bail To Accused Claiming To Be Bhang Contractor
1 year ago

Seeds & Leaves Without Flowering Tops Not 'Ganja' As Per NDPS Act, Rajasthan HC Grants Bail To Accused Claiming To Be Bhang Contractor

Live Law  

While granting bail to an accused claiming to be a 'Bhang' contractor, Rajasthan High Court iterated that the definition clause of NDPS Act contemplates only the 'flowering or fruiting tops of cannabis plants' within the definition of 'Ganja'. “…Section 2 of the NDPS Act contains the definition of Ganja…The seeds and leaves without tops are not termed as Ganja…Therefore, without …

Ganja Seeds Not Banned Contraband Under NDPS Act : Supreme Court
1 year, 10 months ago

Ganja Seeds Not Banned Contraband Under NDPS Act : Supreme Court

Live Law  

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 …

Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court
2 years, 6 months ago

Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court

Live Law  

The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act. The bench primarily relied on the judgment of the Bombay High Court in the case of Madhukhar vs The state of Maharashtra 2002, SCC Online, Bombay 1271 and the judgment of the …

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