Police return seized M1.2 million cannabis

Moorosi Tsiane

THE Lesotho Mounted Police Service (LMPS) has been forced to return a 500-kilogram consignment of medicinal cannabis worth more than M1.2 million after the High Court ruled that its seizure and continued detention were unlawful.

The cannabis, belonging to Leribe-based Banel (Pty) Ltd, was seized by members of the LMPS Drugs and Diamonds Unit at Moshoeshoe I International Airport in February 2026, shortly after it arrived from Thailand.

The police returned the consignment on Tuesday following an order by High Court Judge Maliepollo Makhetha directing them to release the cannabis to Banel.

Banel managing director, Kananelo Ntabejane, had approached the High Court on an urgent basis in July 2026 after the police allegedly refused to release the cannabis despite the company producing permits and licences authorising its importation.

Justice Makhetha set aside the police seizure and ordered the release of the two consignments, each weighing 500kg and comprising the cannabis strains OG Kush, Cookie Gelato, Sugar Bomb Punch, Meringue, Flash Mob, Northern Lights and 5280, all in dried-flower form.

“The seizure action, decision or proceedings on the seizure and detention of the two consignments… by the Drugs and Diamonds Unit members of the LMPS is hereby reviewed and set aside,” Justice Makhetha ruled.

The judge further directed Sub-Inspector Mofolo, Superintendent Nokopane, PC Mohasisa and Commissioner of Police Advocate Borotho Matsoso’s subordinates to release the consignments into Banel’s possession.

The court battle arose after Banel’s shipment, valued at US$75,000 (about M1.23 million), arrived at Moshoeshoe I International Airport and was allegedly intercepted by police instead of being released to the company’s clearing agents.

Mr Ntabejane told the court that Banel had obtained a government-issued import permit on 27 February 2026, authorising the importation of 500kg of cannabis from Thailand.

He said the company had also paid the required customs duties and taxes and was expecting to collect the consignment.

However, when he arrived at the airport, he was allegedly informed by officials from the Revenue Services of Lesotho that police officers had already collected the cannabis.

“Upon my arrival at the Moshoeshoe I International Airport to collect the consignments I was shocked to learn from the Revenue Services of Lesotho personnel that members of the Lesotho Mounted Police Service had come to collect them,” Mr Ntabejane said.

According to Mr Ntabejane, a police officer later assured him that the cannabis had only been taken temporarily and would be released after it had been counted.

“The said police officer confirmed that they collected the said consignment; they are going to count it and will only release it to me thereafter.”

However, the temporary detention allegedly dragged on for months.

Mr Ntabejane said he was eventually summoned to Police Headquarters, where officers were counting the cannabis. He said he was surprised to find that the packages had already been opened.

“Upon my arrival, they had already opened it and were about to finish counting. He told me they were counting it to confirm the correctness of its quantity.”

He said he handed over the documents requested by the police to demonstrate that the shipment had been lawfully imported, but the cannabis was still not released.

By June, according to Mr Ntabejane, repeated demands for its release had produced no result.

“After some time in the middle of June 2026 I went to Police Headquarters to demand the release of the consignments, but I was simply told by the same police that his hands were tied and he could not release them.”

Banel maintained that it was a duly licensed cannabis company authorised to manufacture, extract, process, store, distribute, import and export pharmaceutical, medicinal and botanical cannabis products.

Mr Ntabejane said the cannabis was destined for Banel’s processing facility at Ha Lechesa-Masaleng in Peka, Leribe.

He argued that the continued detention of the shipment was not only unlawful but also threatened the company’s business.

“The said business is halted, to our detriment, as a result of its seizure and detention.”

He further warned that the cannabis could deteriorate or lose value while in police custody.

“The products will continue to deteriorate, stagnate and get spoiled in the police offices. They may get lost or end up being damaged or stolen.”

According to Mr Ntabejane, the nature of medicinal cannabis made the matter particularly urgent because the products needed to be processed within a suitable period to preserve their value.

“They are sensitive products which need to be processed at the earliest opportunity before they lose value or get spoiled.”

Mr Ntabejane also challenged the legality of the police seizure, claiming that no search-and-seizure warrant was produced when the cannabis was taken.

“The respondents neither had nor exhibited to me the search and seizure warrant when they seized and detained the said goods. The seizure is therefore arbitrary and against the law.”

He argued that the police had acted irregularly and outside their lawful powers.

“The decision to seize and detain the said goods is irregular and illegal and ought to be reviewed and set aside.”

Mr Ntabejane further relied on constitutional protections against arbitrary deprivation of property and provisions of the Drugs of Abuse Act in challenging the continued detention of the cannabis.

The company successfully petitioned the High Court to declare the seizure unlawful and order the immediate release of the cannabis.

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