A bench of Justices Hrishikesh Roy and Sanjay Karol recently agreed to adjudicate the issue after it was contended by advocate appearing for an accused, that NDPS Act is attracted in case a person is found in possession of cannabis plants and not the seeds.

Supreme Court is would not decide if about possessing and selling of ganja seeds is an offence under the Act whereas the Cultivation, selling or possessing ganja and other cannabis plants is an offence under the Narcotic Drugs and Psychotropic Substances Act.

Referring to Section 2 of the Act, it was submitted that bare reading of the Act shows that the legislature has onstiously excluded Ganja seeds from the definition of Ganja in the Act, it is the flowering of fruiting tops of the canabid plant, and when the flowering or fruiting tops are not accompanied, the seeds and leaves are to be excluded.

The bench issued notice in the matter while agreeing on the issue and directed the state to respond within a month.

Section 8 f the NDPS Act prohibits the cultivation of any cannabis plant excet for medical or scientific purposes and in the manner to the extent provided by the provisions of the Act and the rules made thereunder.

Challenging the order of HC, the petition said, "Prosecution's whole case hinges on the purported statement made by accused no.1, wherein the petitioner has been portrayed as the person from whom the seed of Ganja was purchased. However, such statements recorded by the prosecution cannot be used to implicate the petitioner. It is pertinent to note that no contraband has been recovered from the petitioner. 3-judges bench of this Court was pleased to categorically that statements recorded u/s 67 cannot be used as confession statements during the course of trial."

Case No.: SLP (Crl) No. 2523/2023

Diary No. 3591-2023
HASUBHAI KAMABHAI THAKOR
Versus    
THE STATE OF GUJARAT

Appearance of the Advocates:-

For Petitioner(s) 
Mr. Somesh Chandra Jha, AOR
Mr. Alok M Thakkar, Adv.
Mr. Nilay V Suchak, Adv.
Mr. Shubham Gurung, Adv.