- 1 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10746 OF 2026 BETWEEN: MOHD. MINAJ HUSSAIN S/O MOHD LIYAKAAT HUSSAIN AGED ABOUT 36 YEARS NO.30, YAKUB BUILDING 2ND FLOOR, 6TH KHARWA LANE FALKLAND ROAD, GIRGAON, MUMBAI MAHARASHTRA - 400 004 PASSPORT NO. S2746652. …PETITIONER (BY SRI SHILPA PRASAD, ADV.) AND: UNION OF INDIA REPRESENTED BY THE INSPECTOR OF CUSTOMS, AIR INTELLIGENCE UNIT KEMPEGOWDA INTERNATIONAL AIRPORT BENGALURU - 560 300 REP BY ITS SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SRI AKASH B SHETTY, CGC) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL U/S.483 OF BNS 2023 R/W SEC.37 OF THE NDPS ACT 1985 IN CONNECTION WITH OR NO.90/2026-27 /FILE NO.VIII/48/90/2026-27 AIU C REGISTERED, BY THE AIR INTELLIGENCE UNIT, CUSTOMS KEMPEGOWDA INTERNATIONAL AIRPORT BENGALURU FOR THE ALLEGED OFFENCE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 P/US/ 8(c),20(b),23(c),28,29 OF NDPS ACT ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in OR.No.90/2026-27/File No.VIII/48/90/2026- 27 AIU-"C" Cus, registered by the Air Intelligence Unit, Customs, Kempegowda International Airport, Bengaluru, for the offences punishable under Sections 8(c), 20(b), 23(c), 28 & 29 of the NDPS Act, pending before the Court of Spl. Judge (NDPS), Bengaluru, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. It is the case of the prosecution that based on credible information received, petitioner who arrived at Kempegowda International Airport, Bengaluru, on 26.06.2026 at 23.45 hours from Bangkok in flight No.TG 325, was intercepted and from his possession contraband article allegedly hydroponic ganja totally weighing 15.760 Kgs was recovered and seized under a - 3 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 panchanama. Subsequently, petitioner was arrested on 27.06.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.6464/2026 was rejected on 17.07.2026. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that seized contraband article in the present case is of intermediate quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act, cannot be made applicable to the petitioner. Petitioner has no criminal antecedents. He has been falsely implicated in the present case. Accordingly, she prays to allow the petition. 5. Per contra, learned Counsel appearing for the respondent, submits that investigation of the case is still under progress. Seized contraband article allegedly hydroponic ganja has been forwarded to the Forensic Science Laboratory and report is yet to be received. He submits that petitioner is part of organized crime syndicate which is involved in trafficking of hydroponic - 4 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 ganja, which is valued much higher than normal ganja. He, accordingly prays to dismiss the petition. 6. Seized contraband article hydroponic ganja in the present case totally weighed 15.760 Kgs. After the cover in which the said contraband article was packed, was removed, the seized contraband article totally weighed 15.520 Kgs. In the remand application of the petitioner, it is mentioned that seized contraband article is approximately valued at Rs.5,43,20,000/-. The same is much higher compared to the value of ganja which is defined under Section 2(iii)(b) of the NDPS Act. Merely for the reason that the seized contraband article allegedly hydroponic ganja is of intermediate quantity, petitioner cannot be released on bail, more so when the investigation of the case is still under progress and the report from the Forensic Science Laboratory is yet to be received. 7. In identical circumstances, this Court in Crl.P.No.9787/2026 and connected petitions, disposed of on 17.08.2026, in paragraph nos.7 to 13, has observed as under: "7. The punishment for violating the provisions of the NDPS Act, depends on the quantity of contraband - 5 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 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 - 6 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 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 - 7 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 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 - 8 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 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." 8. Under the circumstances, I am of the opinion that at this stage, the prayer made by the petitioner for grant of regular bail cannot be entertained. Accordingly, the petition is - 9 - HC-KAR CNR: KAHC010494492026 NC: 2026:KHC:45304 CRL.P No. 10746 of 2026 dismissed with liberty to the petitioner to file a fresh bail application before the Trial Court after final report is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK