Rajasthan High Court Refuses Bail Over 15.740 kg Hydroponic Weed in DRI Airport Case, Citing Potency and Value

The applicant was arrested on a complaint by the DRI Regional Unit, Jaipur, under Sections 8, 20, 23 and 29 of the NDPS Act, and sought bail under Section 483 BNSS (para 4). His counsel said he had been in custody since 21.09.2025; the 15.740 kg recovered was ganja, as the CRCL report confirmed, below the 20 kg commercial quantity; the charge-sheet was filed; and market value is immaterial under the NDPS Act (para 5). The Special Public Prosecutor and the Commissioner of Customs said the Hydroponic Weed was worth about Rs 15.50 crore, with about 25% THC against 2% in ordinary ganja (subject to the awaited CRCL report), and that investigation into a possible racket continued (para 6).

The Court first asked why, where hybrid ganja or Hydroponic Weed was allegedly brought from Bangkok through an international airport, a customs area under Section 2(11), the agency had not invoked Sections 11, 77, 111, 113, 118, 119 and 123 of the Customs Act, and it called the Commissioner of Customs and the seizing officers (para 1). It was told that the NDPS Act, a special statute, has overriding effect by virtue of Section 80, and that customs officers, deemed empowered officers under Sections 42 and 53, follow the NDPS procedure and refer the case for investigation (para 2). Accepting that explanation, the Court held that non-invocation of specific Customs Act provisions does not per se vitiate the investigation, so long as the NDPS Act’s procedural rigour is adhered to (para 3). On bail, it took note that Hydroponic Weed was found in the applicant’s possession, worth about Rs 15.50 crore, with about 25% THC against 2% in ordinary ganja, and that investigation was ongoing (para 7). Relying on Karan Mehra, on Supreme Court rulings that economic offences call for an iron hand, and on R. Vasanthi Stanley, it declined bail without commenting on the merits (para 7).