ORDER R.S. Garg, J.—This matter has been placed before this Bench on the basis of the order of reference made by one of us (R.S. Garg. J). 2. The question for determination in this case is as to whether the ganja is a narcotic drug or psychotropic substances or not. A Division Bench of this Court in the case of Rajendra Prasad v. The State of Bihar1 has held that ganja does not fall within the definitions of the narcotic drug and psychotropic sub­stance and possession of ganja is not an offence punishable under the provisions of the Narcotic Drugs and Psychotropic Sub­stances Act, 1985 (hereinafter referred to as the Act). When this judgment was relied upon by the counsel appearing for the petitioner before one of us (R.S. Garg, J). His Lordship doubted the correctness of the aforesaid decision and has made reference and that is how the matter has been placed before us. 3. The Act, has been enacted by the Parliament in the national interest and to control the trafficking of narcotic drugs and psychotropic substances. The settled law of interpretation is that the legislature speaks through the words used in the enactment and if the words are clear. The literal con­struction is to be made except in the case of ambiguity when different rules of inter­pretation apply. Equally important, the other settled principle is that in case of interpreting of penal statute if there is any benefit of doubt that should go to the ac­cused. 4. Keeping these two principles in mind we have to consider the provisions of the Act, to find out as to whether the ganja is covered by the definition of the Act, or not. 4. Keeping these two principles in mind we have to consider the provisions of the Act, to find out as to whether the ganja is covered by the definition of the Act, or not. The relevant sections of the Act in this connection are as follows: “2(iii) ‘cannabis (hemp)’ (a) charas, that is the separated resin in whatever form whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish : (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (ex­cluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared there from: 2(iv) “cannabis plant” means any plant of the genus cannabis : 2(xiv) “narcotic drug” means coca leaf, cannabis (Hemp), opium, poppy straw and includes all manufactured goods : 2 (xxiii) “psychotropic substance” means any substance, natural or syn­thetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the schedule ; 20. Punishment for contravention in relation to cannabis plant and can­nabis.—Whoever, in contravention of any provisions of this Act, or any rule or order made or condition of licence granted there under— (a) cultivates any cannal is plant: or (b) produces, manufactures, pos­sesses, sells, purchases, transports, im­ports inter-State, exports inter-State or uses cannabis, shall be (i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees, and (ii) where such contravention re­lates to sub-clause (b)— (A) and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine, which may extend to ten thousand rupees, or with both : (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous im­prisonment for a term which may ex­tend to ten years and with fine which may extend to one lakh rupees; (C) and involves commercial quan­tity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees : Provided that the Court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.” 5. Conjoint reading of the afore-said provisions show that Section 20 of the Act prescribes punishment for contravention in relation to cannabis plant and cannabis. The said section inter alia provides that whoever, sells or uses cannabis shall be punishable as provided under the aforesaid section depending upon the quantity of cannabis. Cannabis has been defined under Section 2(iii). Section 2(iii)(b) says that cannabis (hemp) means ganja, that is, the flowering or fruiting tops of the can­nabis plant. 6. Thus, the ganja is cannabis and cannabis is narcotic drug as defined under the aforesaid provision. 7. Thus, we hold that ganja is can­nabis and cannabis is narcotic drug and possession of the same is punishable under Section 20 of the Act. 8. 6. Thus, the ganja is cannabis and cannabis is narcotic drug as defined under the aforesaid provision. 7. Thus, we hold that ganja is can­nabis and cannabis is narcotic drug and possession of the same is punishable under Section 20 of the Act. 8. It appears that their Lordships’ at­tention was not drawn by the counsel appearing in the case towards the defini­tion of cannabis, which as stated above, includes ganja and the same is narcotic drug as defined under the Act, though it appears that ganja is not psychotropic sub­stance in terms of the definition. Section 22 of the Act deals with punishment for con­travention in relation to psychotropic subs­tances but so far Section 20 of the Act is concerned it deals with contravention with regard to cannabis which includes ganja as stated above. 9. Accordingly, we do not find any merit in the submission advanced on behalf of the petitioner that the ganja is not covered by the Act. 10. Thus, we hold that the law laid down in the case of Rajendra Prasad, (supra) that the ganja is not a narcotic drug does not lay down the correct law as ganja is a narcotic drug as defined under the Act. 11. In the result, we answer the ref­erence and send back this case to the learned single Judge for disposal of the bail application. 12. Let a copy of this judgment be immediately sent to all the District Judges who in turn will bring the same to the notice of the concerned Court dealing with cases under the Act. Reference answered accordingly. 1. 2004 (2) East Cr. C. 328 (Pat.).