The Kerala High Court has clarified that cultivating a cannabis plant, whether in the earth or in pots, amounts to an offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Justice C S Dias observed that the expression “cultivate any cannabis plant” used in Sections 8(b) and 20(a) of the Act covers any act of planting, tilling, growing, or gardening a cannabis plant with intent, regardless of where it is cultivated.

“The statute does not distinguish between planting in the earth or growing in pots. The essence of the offence lies in the conscious act of planting and nurturing a cannabis plant in contravention of the provisions of the Act,” the Court said.

The ruling came while hearing a petition filed by a man accused under Sections 8(c), 20(a)(i), and 20(b)(ii)(A) of the NDPS Act. Excise officials had allegedly seized five potted cannabis plants, ganja seeds, and dried branches from a rented house where the petitioner was reportedly staying.

The accused contended that the seized plants had no flowering or fruiting tops and therefore did not qualify as ganja under the Act. He also claimed he was not residing in the premises.

Rejecting these arguments, the Court noted that Section 2(iv) defines “cannabis plant” as any plant of the Cannabis genus, without requiring flowering or fruiting tops. The Court further held that “cannabis plant” and “ganja” are distinct under the Act, cultivation of the plant itself is punishable under Section 8(b) and Section 20(a), while possession or sale of ganja attracts separate penalties.

The Bench concluded that cultivating cannabis in pots amounts to cultivation under the NDPS Act, provided it is done with criminal intent. It dismissed the petition, allowing the accused to raise his remaining arguments during trial.
(With LiveLaw inputs)