The NDPS Act defines “ganja” narrowly: the flowering or fruiting tops of the cannabis plant — excluding the seeds and leaves when not accompanied by the tops. The statutory definition decides which bail regime applies, because 20 kg is the commercial-quantity line that triggers the twin conditions of Section 37. On 10 November 2026, in Janarthanan v. The State (Crl.O.P. No. 29570 of 2026), Justice N. Ramesh of the Madras High Court granted bail where the recorded seizure of 22.200 kg rested on a single weighment of a sack that, on the prosecution’s own papers, contained stalks.
The seizure and the stalled trial
On 10 February 2026, police intercepted a car with five occupants near Ayyampalayam, Tiruppur. The boot held a cattle-feed sack of dried ganja, weighed at the spot at about 22.200 kg in a single weighment. The petitioner — an 18-year-old student with no prior case, per his counsel — was, on the FIR’s version, seated in the middle of the rear seat; the prosecution’s counter placed him more centrally, alleging he drove the car, held the key, opened the boot and had hired the vehicle by pledging a co-accused’s two-wheeler. He was arrested the same day under Sections 8(c) read with 20(b)(ii)(C), 25 and 29(1) of the NDPS Act, and by the time the High Court heard his second bail petition under Section 483 BNSS he had spent roughly nine months in custody. His first plea (Crl.O.P. No. 10343 of 2026) had been dismissed on 8 July 2026; charges were framed on 3 November 2026, and none of the sixteen cited witnesses had been examined.
The weighment point
The defence argument was arithmetical and statutory at once: the 22.200 kg figure was a single weighment of a mixed mass that included stalks — which fall outside the definition of ganja in Section 2(iii)(b) — along with leaves and seeds not shown to have accompanied the fruiting or flowering tops. Strip out what the statute excludes, and the true “ganja” weight may fall below the 20 kg commercial threshold, taking Section 37’s twin conditions out of play.
Justice N. Ramesh was careful with the finding’s edges: “I do not hold that the quantity is below the commercial quantity,” the order records — but “there is a real possibility that the ganja, excluding the stalks” falls below the threshold, and therefore, “On the present record, the rigour of Section 37 of the Act is not shown to be attracted.” The court drew on the Supreme Court’s order in Anand Dewar v. State of Chhattisgarh (stated weight may include packaging) and the Madurai Bench’s decision in Ganesan v. State (stalks must be excluded where the recovery weighs in the 21–25 kg band), treating the Andhra Pradesh decision in Killo Subbarao as persuasive. Conscious possession and knowledge were left strictly to trial; the petitioner’s age, clean record and nine months of custody, with the trial yet to begin in earnest, completed the balance.
Where the line now runs
| Seizure scenario | Bail consequence |
|---|---|
| Separated weighment showing tops alone above 20 kg | Section 37 twin conditions apply with full force. |
| Single weighment of mixed mass marginally above 20 kg, stalks visible on the record | Threshold not shown to be crossed; ordinary bail parameters govern. |
| Mixed mass far above the threshold (no realistic arithmetic brings it below 20 kg) | The stalks argument loses traction; Section 37 will ordinarily apply. |
Practice notes
In borderline ganja seizures, obtain the seizure mahazar and FSL papers early and check whether stalks, seeds and loose leaves were weighed with the tops — the composition of the weighed mass is a bail argument, not just a trial argument.
The argument is strongest in the band just above the notified threshold; it is an argument about proof of quantity, not a defence on merits, and courts will say so expressly.
Expect strict conditions where such bail is granted — daily marking, surety requirements, address affidavits — because the court is consciously preserving the trial’s integrity while declining to apply Section 37 on an unproven threshold.
Frequently Asked Questions
What counts as "ganja" under the NDPS Act?
Section 2(iii)(b) defines ganja as the flowering or fruiting tops of the cannabis plant, excluding the seeds and leaves when not accompanied by the tops. Stalks are outside the definition altogether, and seeds or leaves count only when they accompany the tops. Weight attributable to excluded material cannot be used to cross a quantity threshold.
Why does the 20 kg line matter so much?
Twenty kilograms is the notified commercial quantity for ganja. At or above it, Section 37 NDPS imposes twin conditions on bail: the public prosecutor must be heard, and the court must have reasonable grounds to believe the accused is not guilty and will not offend on bail. Below it, bail is tested on ordinary parameters.
Did the court hold that the quantity was below commercial?
No — the court was explicit that it was not recording such a finding. It held only that on the present record, with stalks admittedly in the weighed bulk and no separated weighment, the prosecution had not shown that the statutory threshold was crossed, so the rigour of Section 37 was not attracted at the bail stage. The question of quantity remains open for trial.
What conditions were imposed?
Bail on a bond of Rs. 25,000 with two sureties (one a blood relative), daily appearance before the trial court at 10:30 a.m. until further orders, an affidavit of address and mobile number within a week of release, and the usual prohibitions on absconding and tampering with witnesses, with liberty to the trial court to act on any breach.