Cannabis Leaves, Stalks Not 'Ganja': Delhi High Court Grants Bail In NDPS Case, Doubts Commercial Quantity

The Delhi High Court has granted bail to an accused in a drugs case, observing that cannabis leaves and stalks cannot be treated as “ganja” for the purpose of determining commercial quantity contraband, thereby raising doubt over whether the alleged recovery fell within the stringent bar under Section 37 of the NDPS Act.

The Court noted that under the Narcotic Drugs and Psychotropic Substances Act, 1985, “ganja” is specifically defined to include only the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by such tops.

In the present case, the prosecution had relied on the total weight of the seized material to contend that it constituted “commercial quantity”.

However, the Court found that the seizure allegedly included leaves, stalks, and other non-prohibited parts of the plant, casting doubt on whether the actual contraband met the threshold for commercial quantity.

“it is evident that the materials seized were not comprised only of “flowering or fruiting tops”, as the Seizure Memo itself refers to 'dried leaves and small branches'. The weight of the contraband is 21.95 kilograms, which is only marginally in excess of the threshold for commercial quantity of ganja [20 kilograms and above],” it noted.

Reliance was placed on Ravina Kumari v. the State (NCT of Delhi) (2024), where the High Court, with the help of a venn diagram, explained that if the material seized is a heterogenous mixture constituting of flowering buds, fruiting tops mixed with leaves /seeds and stalks, the placebo material such as stalks/leaves/stems would not constitute an actual part of the drug and only the actual content and weight of the narcotic drug (flowering buds, fruiting tops) would be relevant for determining whether it would constitute small quantity or commercial quantity.

Taking note of the ambiguity in the present case, the Court held that at the stage of bail, such doubt must operate in favour of the accused, particularly in light of the stringent conditions imposed under Section 37 of the NDPS Act for grant of bail in cases involving commercial quantity.

The Court also observed that the determination of the exact nature and composition of the seized substance would require evidence at trial, and it would be inappropriate to conclusively treat the entire recovered material as “ganja” at this stage.

As such, the Court held that the rigours of Section 37 may not strictly apply, and granted bail to the accused.

Appearance; Mr. Mohd. Yasin, Mr. Dawneesh Shaktnats, Ms. Sumaiya Khan and Mr. Sami Ahmed, Advocates for Petitioner; Mr. Yudhvir Singh Chauhan, APP. Mr. Vijay Kumar, P.S. Kalkaji.

Case title: Mujabil v. GNCTD

Case no.: BAIL APPLN. 140/2026

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