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Judgment
The petitioner is facing proceedings for an offence punishable under Section 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substance Act, 1985. It is alleged that the petitioner was caught in possession of 4 Kg. 350 Gms. of Ganja. But however in the complaint, which is in the Kannada language it is indicated that what has been seized is "Ganja Soppu." It is pointed out by the learned counsel for the petitioner that it is not only described as Ganja Soppu, but it also includes stems, roots and seeds. It is pointed out that Ganja as defined under the NDPS Act is categorical and it would not include leaves, seeds or other parts of the cannabis plant. Therefore, the candid description of the material seized not only includes the flowering tops but also leaves, stems and roots of the cannabis plant, which would put it outside the definition of Ganja under the Act. In other words, the Act requires the parts of the plant to be segregated. Since other parts of the plant are also included, it would result in futile proceedings.
The learned Government pleader would not dispute the position that Ganja has a particular definition under the NDPS Act and it would not include all the parts of the cannabis plant. Further the quantity seized which is stated to be 4 Kg 350 gms. consisted of all parts of the cannabis plant other than the flowering tops, which would be misleading and would result in the entire exercise being futile.
Accordingly, the petition is summarily allowed. The proceedings pending in Spl.Case No.19/2016 on the file of the Principal District and Sessions Judge, Chamarajanagar, stands quashed.