Mohammed Azharudeen Burukanudeen v. Union of India

NC: 2026:KHC:57100

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 11643 OF 2026
CNR: KAHC010526322026

BETWEEN:
MR. MOHAMMED AZHARUDEEN BURUKANUDEEN …PETITIONER
(BY SRI MANJUNATHA B.T, ADV.)
AND:
UNION OF INDIA, INSPECTOR OF CUSTOMS, AIR INTELLIGENCE UNIT, KEMPEGOWDA INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA …RESPONDENT
(BY SRI AKASH B. SHETTY, ADV.)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.1660/2026 VIDE COMPLAINT C.NO.VII/48/027/2026-27 AIU-A CUS P/U/S 20(b)(ii)(c), 23(c), 28 AND 29 AND FOR THE VIOLATION OF SEC. 8(c) OF NDPS ACT 1985, REGISTERED BY THE RESPONDENT / INSPECTOR OF CUSTOMS, AIR INTELLIGENCE UNIT, KEMPE GOWDA INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU - 560300, NOW PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AND SPL. JUDGE (NDPS), BANGALORE CCH-33.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

[NyayVidhan note: stored from the Karnataka High Court's oral order (7 pages), read from the court's copy on the eCourts judgments portal (CNR KAHC010526322026). The cause title is abridged (the petitioner's parentage, age and address are omitted; the respondent's postal codes are dropped); the prayer is as printed, including its 'BNNS' and 'C.NO.VII/48/027/2026-27' (the opening paragraph prints 'Complaint No.VIII/48/027/2026-27'). The opening paragraph is unnumbered in the print and stays unnumbered; paras 2-7 keep the Court's numbers. Para 6 extracts paras 6 to 13 of the Court's order of 17.08.2026 in Crl.P.No.9787/2026 c/w Crl.P.Nos. 9868/2026, 9874/2026; the extract numbers two paragraphs '8.', as that order does, and an opening quotation mark is added to each numbered paragraph of the extract that the print does not open with one. The Court's slips are kept as printed. Page furniture is removed (page numbers, the 'HC-KAR' and CNR/NC/case-number running heads, the digital-signature block and the staff line at the end). No 'Reportable' mark appears in the order.]

[Source: Karnataka High Court order dated 09.10.2026, read from the court's copy on the eCourts judgments portal (judgments.ecourts.gov.in), CNR KAHC010526322026.]

ORAL ORDER

Accused No.3 in Spl.C.C.No.1660/2026 pending before the Court XXXIII Additional City Civil and Sessions Judge & Special Judge (NDPS), Bengaluru CCH-33 arising out of Complaint No.VIII/48/027/2026-27 AIU-'A' CUS registered by the Respondent/Inspector of Customs, Air Intelligence Unit, Kempegowda International Airport, Devanahalli, Bengaluru for the offences punishable under Sections 20(b)(ii)(c), 23(c), 28 and 29 and for the violation of Section 8(c) of NDPS Act, 1985 is before this Court in this petition filed under Section 483 of BNSS, 2023 read with Section 37 of Narcotic Drugs and Psychotropic Substances Act (for short, hereinafter referred to as the 'NDPS Act').

2. Heard the learned counsel for the parties.

3. Based on credible information received, the officers of the respondent had intercepted the petitioner and two others at Kempegowda International Airport, Devanahalli, Bengaluru, after they arrived from Bangkok on 24.04.2026 and from their possession contraband article, namely, hydroponic ganja totally weighing 26 kgs 230 grams was recovered under a mahazar. Subsequently, they were arrested and remanded to judicial custody. After completing investigation, the prosecution has filed a complaint against three accused persons and the petitioner is arraigned as accused No.3. His bail application filed before the Trial Court was rejected. Therefore, he is before this Court.

4. Material on record would go to show that on 24.04.2026, based on specific intelligence report, three passengers who arrived in Kempegowda International Airport, Bengaluru, by Flight No.6E-1056 at about 10.10 hours on 24.04.2026 were intercepted by the respondent and on verification, the said persons admitted that they were carrying contraband article in wrapped packets.

5. Material on record would go to show that the aforesaid packets were handed over to accused Nos.1 to 3 by one Mr.Anas at Bangkok in a hotel by name Goody Hotel and it appears that under these circumstances, Section29 of the Act has been invoked in the present case against the accused persons.

6. Learned counsel for the petitioner has not pointed out non-compliance of any statutory provisions of the Act in the present case. The total quantity of contraband article seized from the possession of the accused persons totally weighs 26 kgs 230 grams. From the possession of the petitioner, seized contraband article weighs 16 kgs 360 grams. Under identical circumstances, this Court in Crl.P.No.9787/2026 connected with Crl.P.Nos. 9868/2026, 9874/2026 vide order dated 17.08.2026 has rejected the bail application, of similarly placed accused persons. In Paragraph Nos.6 to 13 of the said order, this Court has observed as follows:

"6. The NDPS Act is enacted with a view to make stringent provisions for the control and regulation of operations, trafficking, funding, etc., relating to narcotic drugs and psychotropic substances. Sections 2(viid), 2(xiv) & 2(xxiii) of the NDPS Act, defines the words 'controlled substance', 'narcotic drug' and 'psychotropic substance', respectively. The same reads as under:

"2(viid) "controlled substance" means any substance which the Central Government may, having regard to the available information as to is possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance.

2(xiv) "narcotic drug" means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs.

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."

"7. The punishment for violating the provisions of the NDPS Act, depends on the quantity of contraband article recovered from the accused or involved in the case. Section 2(viia) and Section 2(xxiiia) defines the words 'commercial quantity' and 'small quantity' in relation to the contraband article. In exercise of the powers conferred under the NDPS Act, notification specifying "small quantity" and "commercial quantity" is issued by the Central Government and the same is the basis for the purpose of quantum of punishment for the offences under the provisions of the NDPS Act.

"8. The seized contraband article in the present case is hydroponic ganja which is not defined in the NDPS Act. Section 2(iii)(b) of the NDPS Act defines 'ganja', and the same reads as under:

"2(iii)(b) ganja, that is, the flowering of 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."

"8. The word "cannabis plant" is defined under Section 2(iv) of the NDPS Act, which reads as under:

"2(iv) "cannabis plant" means any plant of the genus cannabis."

"9. Cannabis is included in the definition of "narcotic drug", and chemical examination of cannabis has revealed that it contains a psychotropic substance known as Tetra Hydro Cannabinol which is included in the list of psychotropic substances specified in the Schedule given to the NDPS Act. Tetra Hydrop Cannabinol (THC) is considered as the most psychotropic active component contributing to the behavioral toxicity of cannabis. If the THC is higher, the health effects are severe. Cannabis that contain very low amount of THC is considered as hemp, and if there is higher THC, it is considered as Marijuana. Bhang, Ganja, Charas, Hashish, Hydroponic Ganja, etc., are forms of Marijuana having different THC. The THC of hydroponic ganja is found to be comparatively higher than the THC found in "ganja" as defined under Section 2(iii)(b) of the NDPS Act.

"10. Hydroponic ganja or hybrid ganja is artificially grown in controlled environment with water rather than soil. The comparative study would reveal that THC in normal ganja is 1/3rd of the THC found in hydroponic ganja or hybrid ganja. If the strength of THC is higher, the effect of consumption is also more harmful. Depending upon the THC of substance, it is valued. Therefore, the value of hydroponic ganja compared to ganja or other products of cannabis is much higher. However, in the notification issued by the Central Government, in exercise of its power under the NDPS Act, specifying small quantity and commercial quantity of narcotic drugs and psychotropic substances, hydroponic ganja is not included, and therefore, though the potent and value of hybridponic ganja is much higher than regular ganja, for the purpose of punishment the entry at Sl. No.55 in the aforesaid notification which relates to ganja is taken into consideration.

"11. According to the prosecution, this loophole is being exploited by the accused persons who deliberately carry bags containing hydroponic ganja weighing less than 20 Kgs. which would be considered as intermediate quantity, though the potent and value of the said contraband article is much higher.

"12. This Court has noticed that there is a massive increase in these types of cases, where the accused are apprehended on their arrival from Thailand carrying hydroponic ganja. It is brought to the notice of this Court that having regard to the aforesaid modus operandi, courts have been releasing the accused on the ground that seized contraband article is not of commercial quantity, unmindful of the harm it is causing to the society.

"13. Punishment for the alleged offences is one of the factors to be considered by courts while considering the bail application and it cannot be the sole factor. Courts are the guardians of rule of law and interest of the society is the paramount consideration while considering the bail application of an accused. Hydroponic ganja has a much higher THC compared to ganja and its value is also much higher. Therefore, the harm caused to the society would also be much higher and this important aspect cannot be lost sight of by the courts while considering the bail application of the accused in a case which involves hydroponic ganja. Courts are required to be conscious while considering the bail application of the accused who try to take advantage of the loopholes in the law. Interest of the Society shall always be the prime concern of the courts when pitched with the right to liberty of an accused. The quantity of hydroponic ganja or hybrid ganja, which is a new variant of cannabis brought to our country and the menace caused by it is of serious concern and it needs to be curbed. Therefore, merely for the reason that accused is found in possession of intermediate quantity of hydroponic ganja, he cannot be granted bail".

7. The aforesaid reasoning assigned by this Court while rejecting the bail application, of similarly placed accused persons who were found trafficking hydroponic ganja from Bangkok to India is squarely applicable to the case on hand. Therefore, I am of the opinion that the prayer sought for by the petitioner for grant of regular bail needs to be rejected. Accordingly, petition is dismissed.

Sd/-
(S VISHWAJITH SHETTY)
JUDGE