Jharkhand HC Acquits Man in NDPS Case: Bhang Not Covered Under NDPS Act, Distinguishes It From Ganja

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In Sunil Kumar Singh v. State of Jharkhand (2026), the Jharkhand High Court, Single Bench of Justice Pradeep Kumar Srivastava, acquitted an appellant convicted under Sections 20 & 22 of the NDPS Act and sentenced to 7 years.

Key Findings:

 1.  Statutory Interpretation: Under Section 2(iii) NDPS Act, "ganja" means only flowering tops of cannabis. The Act specifically excludes leaves and seeds.  

 2.  Forensic Evidence: The FSL report identified the seized substance as bhang, not ganja. The Court observed bhang is not scientifically proven to be made from prohibited parts of cannabis.  

 3.  No State Notification: Bhang is not listed as a prohibited substance under the NDPS Act, and the State had not issued any notification to include it.

Final Order:  

Since bhang is legally distinct from and excluded from the definition of cannabis/hemp under the NDPS Act, the conviction was held illegal. The Court set aside the conviction, acquitted the appellant, and allowed the appeal.

Takeaway: Possession of bhang does not attract punishment under the NDPS Act unless the State specifically prohibits it by notification.