Jharkhand HC: Bhang is not ganja, man walks free
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Live Events as a Reliable and Trusted News Source Addas a Reliable and Trusted News Source Add Now! (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel The Jharkhand High Court acquitted a man who had spent over two decades fighting a conviction under the Narcotic Drugs and Psychotropic Substances Act, after a Forensic Science Laboratory report established that the substance recovered from him was bhang and not ganja.The case dated back to 17 October 2000, when a police patrolling party in Jamshedpur stopped Sunil Kumar Singh near the Chaibasa Bus Stand at around 5 in the morning. According to the police report, Singh was seen carrying a heavy briefcase and attempted to flee when signalled to stop. He was chased and apprehended.A search of the briefcase, conducted in the presence of witnesses and a gazetted officer, led to the recovery of 12 polythene packets of what was recorded as ganja, weighing approximately 11 kg.
A case was registered against Singh under Sections 20 and 22 of the NDPS Act.After trial, a Special Fast Track Court in Jamshedpur convicted Singh in July 2009 and sentenced him to seven years of rigorous imprisonment along with a fine of Rs 50,000. Singh challenged that conviction before the Jharkhand High Court.The pivotal document in Singh's appeal was the FSL report dated 29 November 2002, which had been submitted during the trial itself but had not altered the outcome at the lower court level. The report stated clearly that the seized material consisted of broken leaves of a vegetable flowery substance and identified it as bhang, not ganja. The report did note that both ganja and bhang were forms of cannabis, but that observation did not resolve the legal question.Singh's counsel argued before the High Court that bhang was specifically excluded from the definition of cannabis under the NDPS Act and therefore its possession could not constitute a punishable offence under the legislation.The state's special public prosecutor countered that since the FSL report itself acknowledged that both substances were forms of cannabis, the seized material still fell within the scope of the NDPS Act.Justice Pradeep Kumar Srivastava examined Section 2(iii) of the NDPS Act, which defines cannabis or hemp to include charas, ganja, and any mixture or drink prepared from either.
Ganja under the Act is defined specifically as the flowering or fruiting tops of the cannabis plant, with seeds and leaves explicitly excluded when not accompanied by the tops.The court noted that bhang was not referenced anywhere in the NDPS Act as a prohibited substance. No scientific evidence was placed before the court to establish that bhang was prepared from either charas or ganja. The court also noted that the state government had not framed any rules or issued any notifications under the NDPS Act classifying bhang as a prohibited drug.Relying on judgments from the Karnataka, Punjab and Haryana, Bombay, and Rajasthan High Courts, all of which had held that bhang fell outside the definition of cannabis under the NDPS Act, Justice Srivastava concluded that Singh's conviction was illegal and unsustainable in law.The court set aside the conviction and sentence and allowed the appeal.
The BriefWire