The Karnataka High Court has said that the seized contraband ganja cannot be bifurcated by removing seeds and leaves before determining the weight.
The court said this while refusing to quash the proceedings against a petitioner who was arrested in 2019.
The petitioner, Rangappa, 73, a resident of Kashettihalli village, Channagiri taluk of Davangere district, and another were arrested and the police authorities seized 750 grams of ganja from their possession.
The petitioner argued that the seized material is not ganja and it has only leaves and seeds, weighing 750 grams. It was further argued that the quantity seized does not fall under the definition of section 2(iii) (b) of the NDPS Act.
The government advocate contended that the ganja contains leaves, fruiting tops, seeds, stems and it cannot be bifurcated at the time of seizure.
Justice K Natarajan has held that the content of seized material ganja includes fruiting tops, flowers accompanying the seeds and leaves.
"If we read the definition (Section 2(iii)(b)of NDPS Act) ganja which excludes the seeds and leaves, contains flowering or fruiting tops of cannabis plants. The seizure panchanama reveals that the bag in possession of the petitioner looked like a leaf, but it contained the flower, fruiting top, leaves and seeds. Therefore, the material seized contains flowering and fruiting tops accompanying the seeds and leaves which amounts to Ganja i.e., the leaves and seed accompanied with flowering or fruiting tops of the cannabis plant,” the court said.
The court said that the contention of the petitioner cannot be a ground to quash the criminal proceedings when the FSL report was issued stating that the result of the chemical analysis is positive for the ganja.
"Even for the purpose of considering the bail application, if the commercial quantity of ganja is seized, the accused cannot plead to bring under the medium quantity claiming that it is not a commercial quantity by excluding the seeds and leaves as per the judgment of the Supreme Court in of Hira Singh's case,” the court said.