NDPS--Commerical Quantity--Cannabis Seizure--Leaves and Stalks Excluded from Ganja Definition; Doubt on Commercial Quantity Dilutes Section 37 Bar
Under the NDPS Act, 1985, "ganja" is defined to include only the flowering or fruiting tops of the cannabis plant, excluding leaves, seeds, and stalks when not accompanied by such tops. For determining commercial quantity, only the weight of the actual prohibited parts is relevant. Non-prohibited parts such as leaves, stalks, and stems cannot be included in calculating threshold quantity. Where seizure contains heterogeneous material and actual weight of prohibited parts is uncertain, the stringent bail bar under Section 37 of the NDPS Act may not strictly apply.
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