Entire Weight of Contraband to Be Considered – Punjab and Haryana HC Denies Bail in NDPS Act Case

The Punjab and Haryana High Court, in a significant ruling, has dismissed the bail petition of Sanjay Upadhya, involved in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Justice Deepak Gupta, presiding over the matter, held that the entire weight of the recovered material, including seeds when accompanied by the flowering tops, should be considered in NDPS cases. This ruling came in the backdrop of a detailed analysis of the definition of ‘ganja’ under the NDPS Act.

The case, CRM-M-44787 of 2023, reserved on January 12 and pronounced on January 16, involved the petitioner, Sanjay Upadhya, who was arrested for the illegal sale and possession of ganja. As per the prosecution, Upadhya was found with 2 Kg and 30 Kg of ganja in two separate instances. The petitioner’s counsel argued for non-compliance of Section 42 of the NDPS Act and contended that the seized material, which included seeds, did not fall under the Act’s definition of ganja.

However, the High Court observed, “It is clear on bare perusal of the afore-said definition of ‘ganja’ that seeds and leaves are excluded from the definition of ganja, only when the same are not accompanied by the tops.” This interpretation effectively meant that the full weight of the material recovered from the petitioner was subject to consideration under the NDPS Act.

The Court also noted the petitioner’s criminal history, mentioning that he is a habitual offender dealing in drug trafficking. “These details contained in the custody certificate in itself are sufficient to show that the petitioner is a habitual offender dealing in drug trafficking,” Justice Gupta remarked.

Referring to similar judicial decisions, the Court reinforced its stance on the interpretation of the NDPS Act. This ruling is expected to have significant implications in how cases under the NDPS Act are adjudicated, especially concerning the definition and weight considerations of ganja.

Date of Decision: 16.01.2024

Sanjay Upadhya VS State of Punjab