Bhang, ganja, and criminality in the NDPS Act
- Karnataka High Court recently observed in a case that nowhere in the Narcotic Drugs and Psychotropic Substances (NDPS) Act is bhang referred to as a prohibited drink or prohibited drug.
Bhang
- Edible preparation made from the leaves of the cannabis plant.
- Consumed in the Indian subcontinent for centuries
- Frequently consumed during the festivals of Holi and Mahashivratri.
NDPS Act
- Enacted in 1985
- Main legislation that deals with drugs and their trafficking.
- Provisions of the Act punish production, manufacture, sale, possession, consumption, purchase, transport, and use of banned drugs, except for medical and scientific purposes.
- Defines cannabis (hemp) as a narcotic drug based on the parts of the plant that come under its purview.
- The Act lists these parts as:
- Charas
- The separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish."
- Ganja
- The flowering or fruiting tops of the cannabis plant.
- "Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom."
- Excludes seeds and leaves "when not accompanied by the tops".
- Bhang made with the leaves of the plant is not mentioned in NDPS Act.
- As a "special provision", the government "may allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes".
Cannabis and criminal liability
- Section 20 - punishment for the production, manufacture, sale, purchase, import and inter-state export of cannabis.
- Punishment is based on the amount of drugs seized.
| Small quantity (100 g of charas or 1 kg of ganja) | * rigorous imprisonment upto 1 year and/or a fine which may extend to Rs 10,000. |
| Commercial quantity (1 kg charas or 20 kg ganja) | * rigorous imprisonment of not less than 10 years, which may extend to 20 years, including a fine that is not less than Rs 1,00,000 but may extend to Rs 2,00,000. |
| Quantity less than commercial, but greater than small quantity | * rigorous imprisonment up to 10 years, along with a fine which may extend to Rs 1,00,000. |
Prelims Takeaway
- NDPS Act