'Bhang isn't covered under NDPS': Why Jharkhand HC overturned 11kg 'ganja' conviction

NEW DELHI: The Jharkhand high court has set aside the conviction of a man sentenced to seven years in jail for allegedly possessing 11 kg of ganja, after finding that the seized substance was actually bhang and it is not covered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.Justice Pradeep Kumar Srivastava held that bhang does not fall within the Act's definition of cannabis, and its possession therefore is not a punishable offence.What was the case aboutThe case dates back to October 2000, when a police patrolling van spotted a suspicious man carrying a heavy briefcase who tried to flee when he was asked to stop.He was chased and caught, and after searching his briefcase in the presence of witnesses and a gazetted officer, police recovered 12 polythene packets of suspected ganja weighing about 11 kg. He was charged and later convicted by the trial court in 2009 under Sections 20(B), 22(B) and 11(B) of the NDPS Act, and sentenced to seven years of rigorous imprisonment along with a fine of Rs 50,000.However, a Forensic Science Laboratory (FSL) report submitted during the trial had found that the seized material was "bhang" and not ganja.The appellant then challenged his conviction before the high court on this ground, arguing that bhang is excluded from the NDPS Act's definition of prohibited substance.What the court saidThe court examined the Section 2(iii) of the NDPS Act, which defines "cannabis (hemp)" as charas, ganja, and mixtures of the two. But this definition does not include the leaves and seeds of the cannabis plant, unless they come attached with its flowering or fruiting tops. The court observed that there was no scientific evidence to show that bhang is made from charas, ganja, or ganja leaves."It has been held by different high courts that bhang does not fall within the definition of cannabis (Hemp) as defined under Section 2(iii) of the Act. Thus, its possession does not constitute an offence punishable under the Act," the court observed.The court further pointed out that the state government had not issued any rules or notifications treating bhang as a banned substance under the Act."Ganja and charas are included within the definition of cannabis (Hemp), whereas under NDPS Act, Bhang is excluded," the court added.Since the substance recovered from the appellant was confirmed by the FSL report to be bhang, and there was no allegation that he had cultivated the cannabis plant itself, the court held that his conviction for the offence under Sections 22(B) and 20(B), 11(B) of the NDPS Act is absolutely illegal and not justified under law."The high court accordingly set aside the conviction and sentence, allowed the appeal, and discharged the appellant.