The Jharkhand High Court has set aside the conviction of a man sentenced under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after finding that the substance recovered from him was bhang and not ganja. The Court held that bhang does not fall within the definition of "cannabis (hemp)" under the NDPS Act and, therefore, its possession in the facts of the case did not attract criminal liability under the Act.
Background of the Case
The appeal arose from a 2009 judgment of the Special Judge-cum-Additional District & Sessions Judge (Fast Track Court-VI), Jamshedpur. According to the prosecution, police intercepted Sunil Kumar Singh near Chaibasa Bus Stand on 17 October 2000 and recovered 12 packets weighing about 11 kilograms from a briefcase allegedly in his possession. He was subsequently convicted under the NDPS Act and sentenced to seven years' rigorous imprisonment along with a fine of ₹50,000.
Before the High Court, the appellant argued that the Forensic Science Laboratory (FSL) report had identified the seized material as bhang, not ganja, making his conviction legally unsustainable.
Court's Observation
Justice Pradeep Kumar Srivastava examined the definition of "cannabis (hemp)" under Section 2(iii) of the NDPS Act and noted that the statute specifically covers charas, ganja and certain mixtures, but does not include bhang.
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Referring to decisions of several High Courts, the bench observed,
"Bhang does not fall within the definition of cannabis (hemp) as defined under Section 2(iii) of the N.D.P.S. Act."
The Court further noted that there was no allegation of cultivation of cannabis and no legal basis to treat the seized bhang as a prohibited substance under the provisions invoked in the case.
Decision
Holding that the trial court's conviction could not be sustained, the High Court allowed the criminal appeal and set aside both the conviction and the sentence imposed on the appellant. Since he was already on bail, the Court discharged him from his bail bonds and directed that the pending applications, if any, also stood disposed of.
Case Details:
Case Title: Sunil Kumar Singh v. State of Jharkhand
Case Number: Criminal Appeal (S.J.) No. 726 of 2009
Judge: Justice Pradeep Kumar Srivastava
Decision Date: 30 June 2026
