NDPS Act Has Overriding Effect Even In Customs Area: Rajasthan High Court Refuses Bail In ₹15.5 Crore Hydroponic Weed Seizure

The Rajasthan High Court recently accepted and confirmed the act of the Customs Department not invoking the provisions of the Customs Act in a case involving alleged smuggling of Hydroponic Weed from Bangkok, caught at the Airport, affirming that the NDPS Act being a special statute has overriding effect over the Customs Act, in light of its Section 80.

Furthermore, the bench of Justice Sameer Jain rejected the bail plea of the 21 year old accused in this matter, taking into account the intensity of the recovered narcotic substance, its market value being approximately Rs. 15.50 crores, and the ongoing nature of investigation.

The 21 year old accused was found with 15.740 Kgs of the hydroponic weed at an international airport which was a notified area under the Customs Act. While hearing his bail plea, the Court first questioned the Customs Department for not invoking the relevant provisions on Customs Act.

It was apprised by the Customs Department that as a matter of consistent administrative practice, whenever any narcotic was seized in an airport customs zone, NDPS Act being a special statute had overriding effect. The customs officer, who was deemed to be “empowered officer” under NDPS Act acted in accordance with the NDPS Act, and then promptly referred the matter to Narcotics Control Board or State police.

This explanation was accepted and confirmed by the Court which further heard the bail plea of the accused.

It was argued on behalf of the accused that the seized quantity was lesser than the prescribed commercial quantity. Further, since NDPS Act prescribed no distinction based on the market value of the recovered substance, the alleged price of the recovered narcotics was not material.

On the contrary, the State highlighted that the intensity of the recovered narcotic i.e. Hydroponic Weed, was much greater than “ganja”, and its market value was around Rs. 15.50 Crores. Also, the investigation was still ongoing.

Taking note of the peculiarities involved in the matter, as put forth by the State, as well as the observations of Supreme Court in Karan Mehra v Union of India as per which, in matter of economic offences, Courts had to be of iron hands, the Court rejected the bail application.

Title: Kuldeep Singh v D.R.I.

Citation: 2025 LiveLaw (Raj) 415

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