The Andhra Pradesh High Court has granted regular bail to two accused under the NDPS Act, holding that the police failed to comply with the statutory definition of ‘ganja’ by not segregating the flowering tops from seeds and leaves during the seizure process.
The matter was heard by Justice Dr. Venkata Jyothirmai Pratapa in Criminal Petition No. 5306 of 2025, filed by Killo Subbarao and another, who were arrayed as Accused Nos. 1 and 2 in Crime No. 1 of 2025 registered at G. Madugula Police Station. The accused, a married couple, were charged under Sections 20(b)(ii)(C), 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Background of the Case
According to the prosecution, the petitioners were apprehended while in possession of 32 kilograms of ganja, allegedly purchased in Odisha for resale in Andhra Pradesh. The contraband was seized from their possession and formed the basis of the NDPS charges.
Petitioners’ Submission
The petitioners, through their counsel, contended that the seized material did not meet the statutory definition of “ganja” under Section 2(iii)(b) and (c) of the NDPS Act. It was argued that leaves, seeds, and stems are excluded from the definition unless accompanied by the flowering or fruiting tops. Counsel asserted that the police failed to separate these components before weighing, and thus, the procedural lapse invalidated the commercial quantity classification. It was further submitted that the mandatory conditions under Section 37 of the NDPS Act were not justifiably attracted in this case.
Prosecution’s Argument
The learned Assistant Public Prosecutor opposed the bail application, emphasizing that the quantity involved was of commercial nature and bail should therefore be denied in view of the restrictions imposed by Section 37 of the NDPS Act.
Court’s Observations
Justice Pratapa accepted the petitioners’ argument regarding the improper seizure process and noted:
“The definition of Ganja under NDPS Act takes in its ambit only the flowering or fruiting tops of cannabis plant and excludes the seeds and leaves when not accompanied by the tops. Thus, the definition of ‘Ganja’ is restricted and it does not include the seeds and leaves of Ganja plant. As can be seen from the record, the police while weighing the contraband did not segregate flowering tops from other material.”
Bail Conditions and Decision
Granting regular bail to both petitioners, the Court imposed the following conditions:
- Each petitioner shall execute a personal bond of ₹20,000 with two sureties for the like amount to the satisfaction of the concerned Magistrate.
- They must appear before the Station House Officer concerned every Sunday between 10:00 AM and 5:00 PM until the charge sheet is filed.
- They shall not induce, threaten, or promise any person connected with the case to prevent them from disclosing facts to the court or investigative authorities.
Accordingly, the criminal petition was allowed.
Case Title: Killo Subbarao & Another vs State of Andhra Pradesh
Case No.: Criminal Petition No. 5306 of 2025
