Accused Not Entitled To Bail Merely Because Recovered Ganja Is Below Commercial Quantity If It Is 'Highly Potent': Rajasthan High Court

Rajasthan High Court rejected bail of a 27-year old NDPS accused, who was arrested with 18.5 Kg of hydroponic weed, allegedly valued at Rs. 18 Crore, despite the recovered quantity being less than the commercial threshold, owing to the value of the drug, its high potency, and the sophisticated method of import.The bench of Justice Anil Kumar Upman observed that the peculiarities in the case indicated that the accused was not a simple user or a small time peddler but was linked to a larger, well-funded drug trafficking syndicate. The Court highlighted that it was becoming a common tactic of organized drug syndicates to import drugs in quantities below the commercial threshold to evade Section 37 of the NDPS Act. Hence, granting bail in the present situation would encourage this tactic and render the very objective of the NDPS Act to combat large-scale drug trafficking ineffective. The Court further detailed the devastating impact of this type of trafficking on the nation's youth, and observed that, “Drug syndicates are increasingly targeting highly educated individuals, including university students and young professionals from well-off families. They are lured into these schemes with promises of easy money, all-expenses-paid trips, and luxurious lifestyles. These educated and privileged youth are often seen as less likely to be suspected by law enforcement, making them ideal drug mules. Their naivety and desire for quick wealth are exploited, leading to addiction and a complete ruin of their academic and professional careers.”It was the case of the public prosecutor that the recovered intoxicant was a special type of narcotic which was grown in foreign countries in special circumstances to make it more potent, and was valued very high. It was further submitted that such narcotic was imported under special modus operandi and was attracting the young generations these days. This was opposed by the counsel for the petitioner who argued that the recovered quantity was lesser than the prescribed commercial quantity, and it did not make any difference whether the “Ganja” was called hydroponic weed or not. After hearing the contentions, the Court opined that the concerns and peculiarities raised by the State in this case, including, the nature of contraband, sophisticated method of its import, its high value that increased its potency, and the potential links of the accused to a larger drug syndicate could not be ignored. It was held that treating the substance as simply “Ganja” was ignoring the gravity of the offence. “The high potency of this drug makes it particularly appealing to the youth, creating a grave social problem. This substance, in its concentrated form, poses a direct threat to the mental and physical health of young people, often leading to addiction, mental health issues, and a spiral into criminal activities…This astronomical value, 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. This fact alone refutes the notion that the offence is a minor one.”In this background, the Court held that granting bail in this situation would send a clear message that if the traffickers kept their consignments below a certain weight, they could operate with relative impunity. Hence, given the possibility of accused's potential link to organized crime, public interest had to be prioritized by sending a strong message against drug trafficking even if the recovered quantity was below the commercial threshold. Accordingly, the bail application was rejected. Title: Karan Mehra v Union of India Citation: 2025 LiveLaw (Raj) 372For petitioner(s): Mr. Mohit SharmaFor Respondent(s): Mr. C.S. Sinha, Special PP for Union of India with Mr. Mayank Kanwar; Mr. Dev YadavClick Here To Read/Download Order

Accused Not Entitled To Bail Merely Because Recovered Ganja Is Below Commercial Quantity If It Is 'Highly Potent': Rajasthan High Court

Nupur Agrawal

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