Stems, stalks, seeds of cannabis not ganja: Bombay HC grants bail to man caught for possession

PUNE A man booked for possession of a commercial quantity of ganja was granted bail by the Bombay High Court (HC) four years after being arrested by the Pune rural police

PUNE A man booked for possession of a commercial quantity of ganja was granted bail by the Bombay High Court (HC) four years after being arrested by the Pune rural police. The reason: A chemical analysis of the drug seized revealed that it contained flower buds along with pieces of stalks, stems, leaves and seeds whereas Section 2(b) of The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, defines ganja as “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”.

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The arrested accused, one Haribhau Mahadu Valse, was arrested by officials of Manchar police station on August 1, 2017 for storing ganja in his warehouse allegedly for the purpose of sale, according to the FIR lodged in the case under Section 8(c) and 20(c) of the NDPS Act. As the drug packed in gunny bags seized from Valse’s warehouse weighed over 51.4kg and anything over 20kg is considered a commercial quantity according to Valse’s lawyer advocate Ganesh Gupta, Valse was booked under the more incriminating Section 20(c) for being in possession of a commercial quantity of the drug, the punishment for which is more than 10 years’ imprisonment and/or a fine upon conviction which makes it difficult to get bail. By contrast, the punishment for being caught in possession of a small quantity of ganja (anything under 1,000 gram) is less stringent.

On August 1, 2017, the police seized the ganja packed in gunny bags from Valse’s warehouse and got it verified by the panch while his co-accused escaped into a pomegranate field in which the warehouse was located. Ten days after seizure of the drug, it was sent for chemical analysis to ascertain whether it was ganja or not. The material packed inside the gunny bags was found to weigh over 51.4kg but it was also found to contain pieces of stalks, stems, leaves and seeds along with flower buds. While the ganja seized qualified as a commercial quantity by weight, the presence of stalks, stems, leaves and seeds went against the legal definition of the drug.

Accordingly, the order passed by Justice Anuja Prabhudessai of the Bombay HC on July 29 and uploaded on August 2, read, “It is however to be noted that the chemical analysis report reveals that the material forwarded for analysis contained flower buds with pieces of stalks, stems, leaves and seeds, without quantifying the weight of the flower tops. This fact prima facie raises a doubt whether the ganja seized from the warehouse of the accused was of commercial quantity as to attract the provisions under Section 20(c) of the NDPS Act.”

Valse was thus granted bail on a bail bond of Rs40,000 and at least one surety of the same amount and regular police station attendance. S V Gavand was the public prosecutor in the case.