The Supreme Court in the case Hasubhai Kamabhai Thakor V State of Gujarat observed and has stated that the bail granted to the mane who is accused of supplying Ganja seeds on the ground that the definition of ‘ganja’ as stated under the Narcotic Drugs and Psychotropic Substances Act, 1985, the same does not include ganja seeds.
The Division bench headed by Justice Hrishikesh Roy and Justice Manoj Misra in the case observed and has stated that the materials on record show that the petitioner has supplied Ganja seed for the cultivation and the same is not banned as per the definition of Ganja in Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 NDPS Act. Thus, there being no specific allegation made that the Ganja seeds were supplied by the petitioner to the other person with an intention to receive back the grown Ganja after cultivation.
Therefore, the definition of ‘ganja’ as per the Narcotic Drugs and Psychotropic Substances Act, 1985 is as follows:
The court stated that Ganja being the flowering or fruiting tops of the cannabis plant, wherein the seeds are excluded and leaves when not accompanied by the top of the plant, thus, by whatever name they may be known or designated.
The petitioner in the case approached the Apex Court challenging the order of the Gujarat High Court, wherein his ail application is rejected.
The court in the case observed that the material on record showed that the accused had supplied ganja seeds for cultivation, but there being no such specific allegation that the ganja seeds were being supplied with the intention to receive grown ganja in return.
The counsel, Adv. Somesh Chandra Jha appearing for the petitioners contended before the court that the matter pertains to ganja seeds which would not come under the purview of the Narcotic Drugs and Psychotropic Substances Act, 1985. It has also been argued by the petitioner in the case that under Section 2(iii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, thus, the definition of ‘cannabis’ does not include ganja seeds.
The court in the case observed and has taken note of the submissions made by the counsel appearing for the petitioner and the fact that the accused had been in jail since 20.05.2022 and also the chargesheet had already been filed, in order to grant the bail to the petitioner.
