Bhang isn't a narcotic under NDPS Act, rules Karnataka High Court

After a Bihar resident was arrested in Karnataka for possessing bhang, the Karnataka High Court granted the accused bail on the grounds that bhang isn't prohibited under the Narcotic Drugs and Substances (NDPS) Act.

"There is no scientific evidence before this court to show that bhang is prepared out of charas or ganja or ganja leaves. Ganja leaves and seeds are excluded from the definition of ganja, and nowhere in the NDPS Act is bhang referred to as a prohibited drink or prohibited drug," said Justice K Natarajan, granting bail to Roshan Kumar Mishra from Bihar's Madhubani.

In addition, the Court pointed out that the local government and other state governments have also not covered the substance under the NDPS Act.


"Even the state government has not made any rules under NDPS Act and mentioned bhang as a prohibitory drug or issued any notifications (on bhang)," noted Natarajan.

The accused was arrested on June 1, for being in possession of 63 packets of Tarang Company bhang - weighing 14kg - and 44 packets of Masti Munaka Company bhang - weighing 10kg - as well as 400gm of ganja. Mishra was booked under Section 20(b) of the NDPS Act, 1985.

With inputs from TOI