Cultivation Of Cannabis In Pots Constitutes Offence Under NDPS Act; Statute Makes No Distinction Between Planting In Earth Or Pots: Kerala High Court

The Court was hearing a criminal miscellaneous case filed by an accused seeking to quash the proceedings pending against him before the Additional Sessions Court, Thiruvananthapuram, for offences under Sections 8(c), 20(a)(i), and 20(b)(ii)(A) of the Act.

A Bench comprising Justice C.S. Dias, while dismissing the plea, held that “the expression 'cultivate any cannabis plant' used in Sections 8 (b) and 20 (a) of the Act encompasses any act of planting, tilling, raising, growing, farming or gardening a cannabis plant with the mens rea, whether such cultivation is carried out in the earth or in a pot”.

The Bench further clarified that “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.”

Advocate Suman Chakravarthy appeared for the petitioner, while C.S. Hrithwik, Senior Public Prosecutor, represented the State.

Background

As per the prosecution, the petitioner had been cultivating five cannabis plants on the terrace of a rented building. The excise officials, acting on credible information, searched for his presence and seized the plants, along with ganja seeds and dried branches.

The petitioner contended that the seized plants did not bear flowering or fruiting tops and therefore did not qualify as “cannabis plants” under the Act. He further argued that the term “cultivate” used in Section 20(a)(i) of the NDPS Act presupposes cultivation in the earth and not in pots.

The Public Prosecutor opposed the plea, submitting that the allegations clearly revealed culpability and that the petitioner was apprehended with the contraband in his conscious possession.

Court’s Observation

The Kerala High Court examined the definitions of “cannabis,” “cannabis plant,” and “ganja” under Sections 2(iii) and 2(iv) of the NDPS Act and observed that the statute makes a clear distinction between a cannabis plant and ganja. It was observed that a cannabis plant does not have to bear flowering or fruiting tops to fall within the statutory definition, whereas ganja specifically refers to such tops.

Addressing the argument that cultivation must be carried out in the earth, the Court analysed the literal and legal meaning of the term “cultivate.” It referred to The Law Lexicon (Fourth Edition, 2017) and Stroud’s Judicial Dictionary of Words and Phrases (Seventh Edition, 2008), which define “cultivate” as including acts of planting, growing, or nurturing plants, whether on land or otherwise.

Drawing from these definitions, the Court held that the literal meanings clearly indicate that the expression 'cultivate any cannabis plant' used in Sections 8 (b) and 20 (a) of the Act encompasses any act of planting, tilling, raising, growing, farming or gardening a cannabis plant with the mens rea, whether such cultivation is carried out in the earth or in a pot.

The Bench therefore rejected the contention that planting cannabis in pots does not amount to “cultivation” under the NDPS Act.

The Court further observed that the petitioner’s remaining contentions, whether he was residing in the premises and whether the seized material constituted ganja, were factual questions to be adjudicated during trial, not in a petition seeking quashing.

Conclusion

Holding that the allegations, if accepted at face value, disclose the ingredients of the offences alleged, the Court declined to exercise its inherent powers to quash the complaint.

Accordingly, the petition was dismissed with liberty to the petitioner to raise his contentions before the Trial Court, which was directed to decide the matter untrammelled by any observation in the order.

Cause Title: Jatin v. State of Kerala (Neutral Citation: 2025:KER:83177)

Appearances

Petitioner: Advocates Suman Chakravarthy, KR Rija, Surya R and others

Respondent: C.S. Hrithwik, Senior Public Prosecutor

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