No Chemical Report, No THC-Based Threshold: Madras High Court Grants Bail Over 5.20 kg Hydroponic Weed

The petitioner was arrested and remanded on 16.05.2026 in O.R. No. 75 of 2026 of the Air Intelligence Unit under Sections 8(c), 21(c), 23(B) and 28 of the NDPS Act (para 1). Customs officers said they stopped him in the Green Channel on 15.05.2026 after he travelled from Phuket through Kuala Lumpur, and found 5.20 kg of green-coloured substance suspected to be hydroponic weed/ganja in his checked-in baggage (para 2). He argued that, even as ganja, this was below the 20 kg commercial quantity, relying on the Orissa High Court in Kizakkekalayil Anujikumar Anujith (paras 4-5). The prosecution cited a much higher THC concentration and the Rajasthan High Court orders in Karan Mehra and Kuldeep Singh (paras 6-7).

K. Murali Shankar J. noted that the chemical analysis report had admittedly not been received, so there was no scientific material showing the actual composition of the seized substance or its THC percentage (para 8). The Court found it very serious that the contraband was allegedly brought from abroad and accepted that hydroponic weed is very potent because of its higher THC, but held that potency and classification as small, intermediate or commercial quantity must be decided under the NDPS Act and the notification issued under it (para 8). Section 2(iii)(b) defines ganja as the flowering or fruiting tops of the cannabis plant by whatever name known or designated, so the label hydroponic weed cannot by itself decide the classification (para 9). Without the chemical report, the claim that the substance held enough THC to be treated as commercial quantity could not be accepted (para 9). Treated as ganja, the commercial quantity is 20 kg against the 5.20 kg alleged (para 10). At that stage, and for the bail plea only, the Court declined to apply the Section 37 embargo, weighing the quantity, the pending report, custody since 16.05.2026 and the absence of previous cases (paras 10-11).