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Frees Duo in Ganja Bust: Leaves and Stalks Don't Make ' ' Under NDPS
In a nuanced ruling that could reshape how police weigh ganja seizures, the granted to two men arrested with 21.95 kilograms of suspected cannabis. Justice Prateek Jalan ruled that dried leaves and small branches—explicitly excluded from the 's definition of "ganja"—cast serious doubt on claims of , sidestepping the strict bars of . The decision, handed down on , in Mujabil v. (BAIL APLN. 140/2026) and Shahid @ Aabu v. State (NCT Delhi) (BAIL APLN. 384/2026), highlights a growing judicial scrutiny on sloppy quantifications in drug cases.
From Street Bust to Courtroom Battle: The Arrest That Sparked Debate
The saga began on
, when police at Kalkaji station in South-East Delhi nabbed Mujabil and Shahid @ Aabu carrying a black bag stuffed with what smelled and looked like ganja. The seizure memo described it bluntly:
"dried leaves and small branches."
Total weight? 21.95 kg—just over the 20 kg threshold for
ganja under the
).
Mobile phone checks revealed photos of the contraband sent to Shahid by fugitive co-accused Yunus @ Mukhiya, plus call records linking them. Charges under followed, with arrests the same day. Mujabil, only 18 at the time, has languished in custody for 16 months; Shahid, for a year. Charges are framed, but with 16 prosecution witnesses pending, trial delays loomed large. No prior criminal records for either, and Shahid had thrice secured interim bail without misuse.
Defense Strikes at the Heart of 'Ganja': Not All Weed is Created Equal
Counsel for the petitioners—
for Mujabil and
for Shahid—zeroed in on the NDPS definition in
:
"ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops)."
They argued the 21.95 kg included non-ganja bits like leaves, stalks, and branches, per the seizure memo itself. Without separating the pure contraband, how could it be
?
They waved recent precedents like Ravina Kumari v. State (NCT Delhi) (2024), Ashok Kumar v. State Govt. (NCT Delhi) (2025), and Manjay Kumar v. State (NCT Delhi) (2026), where similar mishmashes led to bail. In Ravina , the court used a Venn diagram to dissect "heterogeneous mixtures"—pure ganja (flowering tops) mixed with "placebo" like stalks—insisting only the former counts toward quantity thresholds.
Prosecution Pushes Back: FSL Says Ganja, Bites Hard
countered with the
report from
. The sampled 48.4 grams?
"Dried greenish brown coloured flowering and fruiting tops... Ganja (Cannabis)."
At over 20 kg total, he insisted
's twin rigors—no bail unless the court believes the accused is not guilty and won't reoffend—applied fully. Yunus's links via calls and photos painted a conspiracy under
.
Peeling Back the Layers: Why Leaves Don't Count in the Ganja Game
Justice Jalan dove into the precedents, binding from his own court. Echoing
Ravina Kumari
, he noted:
"if the material seized is a
... the
such as stalks/leaves/stems (Category B) would not constitute an actual part of the drug and only the actual content and weight of the narcotic drug (Category A) would be relevant."
The seizure's
"dried leaves and small branches"
mirrored those cases, where marginally over-threshold hauls got bail because trial would sort the true ganja weight.
Ashok Kumar and Manjay Kumar reinforced this; the latter also flagged sampling flaws under . Here, the Magistrate's sampling order called it a "muddy brown substance," but FSL confirmed only the tops. With custody dragging and no lock-in, bail followed—especially given Mujabil's youth and clean slates.
Media reports echoed this, noting:
"Cannabis Leaves, Stalks Not 'Ganja':
Grants Bail In NDPS Case, Doubts
."
The court clarified its views as
only, not prejudging trial.
Key Observations
"From the definition, it is evident that flowering buds and fruiting tops of the cannabis plant would be covered under section 2 (iii)(b) but merely leaves /seeds and stalks would not form a part of the definition of “Ganja” unless accompanied by the flowering and fruiting tops."( Ravina Kumari , cited)
"The weight of the contraband is 21.95 kilograms, which is only marginally in excess of the threshold forof ganja [20 kilograms and above]."
"Applying the binding judgment of this Court in Ravina Kumari to the facts of the present case, it is evident that the materials seized were not comprised only of 'flowering or fruiting tops'."
"If there is adiscrepancy... the rigors ofof the, 1985 for grant of, would not become applicable."
Bail with Strings: Freedom, But Trial Awaits
The duo walks free on Rs. 35,000 personal bonds each, plus sureties. Conditions are standard: court appearances, no witness tampering, phones on, passports surrendered if held. No new crimes, no address changes without notice.
This isn't acquittal—trial will quantify the real ganja. But for now, it signals to enforcers: weigh carefully, or courts will. Future NDPS busts with leafy extras may see quicker bail doors crack open, easing 's iron grip where doubts linger.
