A Mumbai court just clarified what ganja is and how it should be weighed

Clarifying that the term ganja refers solely to the flowering and fruiting tops of the cannabis plant, the Bombay High Court ruled that seeds, leaves and stalks should not be included while weighing it.

Leaves, seeds and stalks cannot be considered as ganja unless accompanied by the tops, a reading of the Narcotic Drugs and Psychotropic Substances (NDPS) Act implies. Therefore, the weight of these parts should not be considered when determining the quantity of marijuana seized from an accused.

According to the Act, possession of more than 20 kgs of ganja amounts to commercial quantity.

The court clarified this while deciding a case where a man was caught with marijuana. Officials were confused on whether the amount of ganja seized from the accused amounted to commercial quantity making him eligible for more rigorous punishment under the NDPS Act.

However, the court found that the investigating agency had not drawn samples independently from both bags but had mixed together the entire contraband in both bags.

As a result, one sample was drawn and sent to the Central Forensic Science Laboratory for analysis. The records showed that the total weight of the substance seized was 21 kgs, but included the weight of seeds, leaves and stalks that, prima facie, were not accompanied by the flowering or fruiting part.

As a result, the Bombay High Court released the accused on bail and furnished bonds amounting to Rs 50,000.