Introduction
The Kerala High Court has delivered a significant ruling on the interpretation of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). In the case of Jatin v. State of Kerala, the petitioner challenged criminal proceedings that alleged cultivation of cannabis plants on a rented building’s terrace. The court clarified what constitutes “cultivation” under the NDPS Act and emphasised that the place or manner of growth (whether in a pot or the ground) does not alter an offence.
Facts of the Case
In the present matter, the petitioner was charged under Sections 8(c) read with Section 20(a)(i) and 20(b)(ii)(A) of the NDPS Act. According to prosecution, excise officials, acting on information, found five cannabis plants growing in pots on the rented building’s terrace. They also seized ganja seeds and dried branches from the petitioner’s bedroom. The petitioner argued that the act did not attract the offence since the seized plants allegedly lacked flowering or fruiting tops. He also claimed non-residence at the premises where the plants were found.
What the Court Held
The court examined Section 2 (iii), (iv), (viiib) along with Sections 8 and 20 of the NDPS Act. It held that the definition of “‘cannabis plant’” under Section 2(iv) is any plant of the genus cannabis and it does not require flowering or fruiting tops to be a “cannabis plant”. The court contrasted this with the definition of “ganja” under Section 2(iii)(b), which is defined as the flowering or fruiting tops of the cannabis plant (excluding seeds and leaves when not accompanied by the tops). The court emphasised that “cannabis plant” and “ganja” are distinct under the Act, with separate offences in Section 8(b) (cultivation of cannabis plant) and Section 20(a)/(b) (punishment for cultivation/possession/sale).
On the question whether cultivation in pots amounts to an offence, the court observed that the Act does not define “cultivate”. By relying on dictionary meaning and the legislative context, the court concluded that the term includes planting, raising, growing, farming or gardening. The court thus held that cultivation of cannabis plants in pots is an offence under the NDPS Act, noting the statute makes no distinction between plants grown in earth or pots.
The court found that the petitioner’s material prima facie disclosed the commission of the alleged offences and therefore dismissed his petition seeking quashing of the proceedings. However the court clarified that his contentions regarding non-residence and absence of flowering tops would remain open for trial.
Implications of the Judgment
This ruling has important implications for cultivation-related offences under the NDPS Act. First, it underscores that the offence of cultivation is not limited to large scale or ground-level farming, it covers any deliberate act of planting or nurturing cannabis plants, even in potted form. Second, the decision clarifies that the absence of flowering or fruiting tops does not exclude a plant from being a “cannabis plant” under the statute, meaning that prosecution need not prove the presence of flowering tops to charge cultivation.
Third, by distinguishing between “cannabis plant” and “ganja”, the court has reaffirmed that these are separate entities in law and carry separate offences and punishments. Fourth, practitioners and individuals cultivating or growing cannabis plants must note that pot-based growth offers no immunity; the mens rea (intent) to cultivate is critical. Lastly, the decision may impact case management in trials under the NDPS Act, defence arguments based on cultivation only in pots or absence of flowering tops may not succeed at the stage of preliminary quashing, they must be addressed at trial on merits.
Conclusion
In conclusion, this judgment by the Kerala High Court sets a clear precedent, cultivation of cannabis plants under the NDPS Act covers growth in any form and context, so long as the intentional act of planting or raising the plant is made. It serves as a warning that even seemingly minor or domestic scale cultivation in pots can attract the full rigour of the Act.
