Need To Send Strong Message Against Trafficking: Rajasthan High Court Denies Bail To NDPS Accused Booked For Smuggling 'Highly Potent' Drugs Despite Not Being Commercial Quantity

The Rajasthan High Court has denied bail to an accused booked for smuggling 'highly potent' drugs despite the quantity not being commercial remarking that there is a "need to send a strong message against drug trafficking".

The Court was considering a Bail Application filed by an Accused who was arrested at Jaipur International Airport for the offence punishable under Sections 8, 20, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act.

The Bench of Justice Anil Kumar Upman observed, "...The court must prioritize the public interest and the need to send a strong message against drug trafficking, even when the recovered quantity is technically below the commercial threshold. To grant bail would be to ignore the very essence of the NDPS Act and the evolving challenges posed by modern drug syndicates."

The Applicant was represented by Advocate Mohit Sharma, while the Respondent was represented by Special Public Prosecutor C.S. Sinha.

Facts of the Case

Counsel for the Petitioner submitted that the Accused-Petitioner has falsely been implicated in this case. He submitted that the alleged recovered quantity of contraband is below commercial quantity and does not attract the provisions under Section 37 of the NDPS Act. It was submitted that the Petitioner has been in custody for a long time and charge sheet has been filed in the court concerned as such, no fruitful purpose would be served by keeping him in custody.

It was also submitted that according to the FSL report, the test of the sample showed it to be Ganja and no other intoxicant or drug was found in the sample and calling it only hydroponic weed does not make any difference. 

On the other hand, Special Public Prosecutor submitted that the recovered cannabis is a special type of narcotic substance which is grown in foreign countries under special conditions to make it more potent. It was submitted that according to investigation agencies, the value of recovered contraband from possession of the petitioner is Rupees Eighteen Crore approx., which is attracting the young generation these days, which is a very worrying situation, therefore, merely because the quantity of Ganja recovered is less than the commercial quantity, the Petitioner does not become eligible for bail. He highlighted that under a special modus operandi, Ganja is being brought from abroad in quantities less than commercial quantities so as to avoid the provisions of 37 of the NDPS Act and thereby to easily obtain bail.

Reasoning By Court

The Court at the outset noted that normally the Courts grant bail where the recovered quantity of contraband is intermediate quantity and investigation is over, but the Respondent has raised several concerns which cannot be ignored.

".......The nature of the contraband, the sophisticated methods used for its import, its high value, and the potential links to a larger drug syndicate all weigh heavily against the petitioner's plea for bail. The substance recovered from the petitioner is not just ordinary Ganja. It is Hydroponic Weed, a specialized and highly potent form of cannabis, often cultivated in foreign countries under controlled conditions to significantly increase its THC content (Delta-9- tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis). This makes it far more dangerous and addictive than locally grown variants. The argument that it is "only" Ganja and the specific type doesn't matter for the purpose of bail is a simplistic view that ignores the gravity of the offence. The high potency of this drug makes it particularly appealing to the youth, creating a grave social problem...", the Court stated.

It stressed that the astronomical value of the drug even for a quantity below the commercial threshold, is a powerful indicator of the substance's potency and its significant demand within the illicit market and this fact alone refutes the notion that the offence is a minor one.

"......The value of the consignment prima facie suggests that the petitioner is not a simple user or a small-time peddler but is likely a key component in a larger, well-funded drug trafficking operation. The most concerning aspect of this case is the modus operandi described by the respondents. It is becoming a rather common tactic of organized drug syndicates to import drugs in quantities just below the commercial threshold to deliberately circumvent the strict provisions of Section 37 of the NDPS Act. This is a calculated move to secure easy bail and continue their illegal operations without significant disruption. Granting bail in such a situation would be tantamount to encouraging this very tactic and would render the law’s intent to combat large-scale drug trafficking ineffective. It would send a clear message that as long as traffickers keep their consignments below a certain weight, they can operate with relative impunity....", the Court observed.

The Application was accordingly disposed of.

Cause Title: Karan Mehra v. Union of India (2025:RJ-JP:40276)

Appearances:

Applicant- Advocate Mohit Sharma

Respondent- Special Public Prosecutor C.S. Sinha, Advocates Mayank Kanwar and Dev Yadav

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