Bengaluru: According to the Karnataka High Court said the quantity of ganja that has been seized should not exclude the seeds and leaves since these things cannot be used as a justification to quash criminal proceedings.
Rangappa, a resident of Channagiri Taluk in Davanagere District, filed a petition challenging Basavapatna police’s criminal proceedings against him for offences under the NDPS Act. Justice K. Natarajan of the Karnataka HC dismissed the petition, saying that the accused cannot claim that ganja in commercial quantity is not commercial quantity by excluding the seeds and leaves.
After Rangappa and the other accused were found to be in possession of 750g of ganja, a case was filed against them in March 2019 and a chargesheet was filed. Since it only contains seeds and leaves weighing 750g, the confiscated material cannot be ganja and cannot be categorised under section 2(iii)(b) of the NDPS Act, said Rangappa.
The government’s advocate objected to the claim, saying that the ganja also contained leaves, fruiting tops, seeds, and stems, all of which could not be separated after confiscation. It was decided that removing the leaves will result in a decrease in the amount of ganja, which could not be an excuse for stopping criminal proceedings.
