News:2026-04-06/Policy/delhi-high-court-holds-ganja-quantity-indeterminable-where-leaves-and-stalk-were-weighed-in

News record6 April 2026Policy

Delhi High Court holds ganja quantity indeterminable where leaves and stalk were weighed in

In two bail applications decided on 6 April 2026, a single judge of the Delhi High Court, Justice Prateek Jalan, granted regular bail to two men charged under sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act over 21.95 kilograms of material seized in December 2024. The order sets out the definition of ganja in section 2(iii)(b) as the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops. It records inconsistency in the material before the court, the seizure report having described dried leaves and small branches while the forensic report confirmed ganja. Because the consignment had been weighed inclusive of leaves and stalk without isolating the qualifying tops, the court held that the actual quantity could not be determined at the bail stage, leaving it doubtful whether the recovery met the commercial quantity threshold. The court reiterated earlier coordinate bench authority and confined its observations to the bail applications.

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Date6 Apr 2026

CategoryPolicy

CountryIndia

State / provinceDelhi

AgencyDelhi High Court

Source report

2026-04-06 Policy Delhi High Court holds ganja quantity indeterminable where leaves and stalk were weighed in In two bail applications decided on 6 April 2026, a single judge of the Delhi High Court, Justice Prateek Jalan, granted regular bail to two men charged under sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act over 21.95 kilograms of material seized in December 2024. The order sets out the definition of ganja in section 2(iii)(b) as the flowering or fruiting tops of the cannabis plant, excluding seeds and leaves when not accompanied by the tops. It records inconsistency in the material before the court, the seizure report having described dried leaves and small branches while the forensic report confirmed ganja. Because the consignment had been weighed inclusive of leaves and stalk without isolating the qualifying tops, the court held that the actual quantity could not be determined at the bail stage, leaving it doubtful whether the recovery met the commercial quantity threshold. The court reiterated earlier coordinate bench authority and confined its observations to the bail applications. https://lawstreet.co/judiciary/ganja-under-ndps-act-means-only-flowering-tops-not-leaves-or-branches-delhi-hc India Delhi Delhi High Court