Hydroponic Ganja's Higher THC and Value Count Against Bail: Karnataka High Court Refuses Bail to Airport Accused

The petitioner, accused No.3 in Spl.C.C. No. 1660/2026 before the Special Judge (NDPS), Bengaluru, sought regular bail under Section 483 BNSS read with Section 37 of the NDPS Act in a Customs complaint under Sections 20(b)(ii)(c), 23(c), 28 and 29, and for violation of Section 8(c) (opening paragraph). Customs officers intercepted him and two others at Kempegowda International Airport after they arrived from Bangkok on 24.04.2026 and recovered hydroponic ganja weighing 26 kg 230 grams in all, 16 kg 360 grams of it from him (paras 3-4, 6). The packets were allegedly handed to the three accused at a hotel in Bangkok, and Section 29 was invoked (para 5). The trial court rejected bail (para 3).

S. Vishwajith Shetty J. noted that no non-compliance with any statutory provision had been pointed out (para 6). Recording the 26 kg 230 grams seized in all, 16 kg 360 grams of it from the petitioner, the Court relied on its order of 17.08.2026 in Crl.P No. 9787/2026, which rejected bail to similarly placed accused, and set out that order's reasoning (para 6). That reasoning notes that hydroponic ganja is not defined in the Act; that it is grown in water, carries about three times the THC of normal ganja and is valued much higher; and that, as the Central Government's notification does not list it, the ganja entry at Sl. No. 55 governs punishment (para 6). It records the prosecution's case that accused exploit this loophole by carrying less than 20 kg, notes a massive increase in such cases from Thailand, and holds that punishment is one factor but not the sole one, the interest of society being paramount (para 6). Finding that reasoning squarely applicable to accused trafficking hydroponic ganja from Bangkok, the Court rejected regular bail (para 7). The order does not classify the petitioner's share or the total as intermediate or commercial quantity.