The Delhi High Court has held that a substance comprising “leafy, seed-bearing, grass-like” material does not fall within the definition of “ganja” under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Justice Saurabh Banerjee made the observation while granting bail to an accused in a case involving alleged recovery of 21.20 kg of ganja.

The Court observed that although the alleged recovery of 21.20 kg of ganja appeared, at first blush, to fall within the ambit of Section 37 of the NDPS Act, the chargesheet showed that the recovered material comprised not only “flowering or fruiting tops” but also a mixture of leafy, seed-bearing and grass-like substance.

“….as apparent from the chargesheet, the recovered quantity not only comprised 'flowering or fruiting tops', but was a mixture of 'leafy, seed-bearing, grass-like substance' as well, which do not fall within the definition of 'Ganja' as provided under Section 2(iii)(b) of the NDPS Act. Thus, the applicability of Section 37 of the NDPS Act, in the present facts and circumstances, is doubtful,” the Court said.

It further observed that since the recovered quantity contained a mixture of such material, the composition of the “flowering or fruiting tops” was likely to be well below the threshold prescribed for commercial quantity.

The case arose from an FIR registered at Keshav Puram Police Station for the offences under Sections 20, 25 and 29 of the NDPS Act.

According to the Delhi Police, it intercepted a Scooty being ridden by the accused and another person on September 01 last year. A search allegedly resulted in recovery of 21.20 kg of ganja, following which accused was arrested.

While considering the bail plea, the Court took note of the fact that the chargesheet had already been filed and the trial was likely to take some time.

“Also, the applicant has been languishing in judicial custody since 01.09.2025 i.e. more than one year as on date and his conduct is “Satisfactory” as per the Nominal Roll,” the Court said.

It further noted that the accused was involved in another FIR under the NDPS Act but he had already been granted bail in that case.

The Court accordingly allowed the bail plea and directed that the accused be released on regular bail on furnishing a personal bond of Rs. 20,000 with one surety of the like amount, subject to the satisfaction of the trial court.

It also clarified that the observations made while deciding the bail plea were only for that purpose and would not affect the merits of the trial.

Title: MANISH KUMAR PRASAD v. STATE OF NCT OF DELHI

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