- 1 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11406 OF 2026 BETWEEN: SRI UPKAR SINGH S/O BALDEV SINGH AGED ABOUT 37 YEARS R/O B/41D, B BLOCK TILAK NAGAR, S.O WEST DELHI, DELHI - 110 018. …PETITIONER (BY SRI YOGEESH N.C, ADV.) AND: THE INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE, BANGALORE ZONAL UNIT, NO. 8(2) OPP BDA COMPLEX, HBR LAYOUT KALYANAGAR POST, BANASWADI BENGALURU - 560 043. …RESPONDENT (BY SRI MADHU N RAO, SR. CGC) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN NO.31/2025 (SPL.C.C.NO.222/2026) OF THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, BENGALURU FOR THE OFFENCE P/US/ 8(c) R/W SEC.20(ii)(B),23(B),28,29 OF NDPS ACT WHICH IS PENDING ON THE FILE OF THE HONBLE XXXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES OF BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 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 no.5 in Spl.CC.No.222/2026 pending before the Court of XXXIII Addl. City Civil & Sessions Judge & Special Judge, Bengaluru, arising out of F.No.DRI/BZU/S-IV/ENQ- 31(INT-NIL)/2025, Bengaluru, for the offences punishable under Sections 8(c), 20, 20(b)(ii)(c), 23, 23(C), 28 & 29 of the NDPS Act, 1985, 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. Based on credible information received, the Investigation Officer of DRI, Bengaluru Zonal Unit, had apprehended accused nos.1 & 2 on 20.08.2025 and from their possession contraband article allegedly hydro ganja totally weighing 29.880 Kgs. was recovered and seized under the panchanama. Subsequently, based on their confession statement, accused no.3 - Srajan Shetty and accused no.4 - Sravan G.Shetty were also arrested - 3 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 and even from their possession contraband article allegedly hydro ganja was recovered. Based on the confession statement of the arrested accused, the officers of DRI, Indore Zonal Unit, apprehended accused nos.5 & 6 in the Railway Station at Bhopal and from their possession, contraband article allegedly hydro ganja totally weighing 24.186 Kgs. was recovered. Accused nos.5 & 6 who were arrested were subsequently produced before the court and remanded to judicial custody. Bail application filed by the petitioner/accused no.5 before the Trial Court in Crl. Misc. No.3363/2026 was rejected on 01.06.2026. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that the contraband article seized from the possession of accused nos.5 & 6 was from two different trolley bags. The quantity of contraband article seized individually from the bag of the petitioner is of intermediate quantity. Petitioner who was carrying the bag had no knowledge about the contents of the bag. Therefore, he cannot said to be in conscious possession of the contraband article. Investigation of the case is already completed. Accused - 4 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 nos.3 & 4 have been granted regular bail by the Trial Court on the ground that they were in possession of intermediate quantity of contraband article. Accordingly, he prays to allow the petition. 5. Per contra, learned Counsel appearing for the respondent who has filed statement of objections, opposes the prayer made in the petition and submits that accused nos.5 & 6 are part of the syndicate involved in trafficking drugs in India. The contraband article was illegally brought to India from Thailand. Accused nos.5 & 6 are the carriers of the contraband article which was illegally brought to India. Under similar circumstances, bail application of accused nos.2 & 7 have been rejected by this Court in Crl.P.No.1398/2026 c/w Crl.P.No.5997/2026 which were disposed of 02.07.2026. He submits that the material on record would go to show that accused nos.5 & 6 were in conscious possession of the contraband article which they carried in trolley bags. Since the seized contraband article is of commercial quantity, the rigor under Section 37(1)(b) of the NDPS Act, would be applicable to the petitioner. Accordingly, he prays to dismiss the petition. - 5 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 6. Perusal of the material on record would go to show that based on credible information received, accused nos.1 & 2 were intercepted at Kranthiveera Sangolli Rayanna Railway Station, Majestic, Bengaluru, when they were about to board Rajadhani Train bearing No.22691 from Bengaluru to Delhi. From the trolley bag which they carried, contraband article allegedly hydro ganja totally weighing 29.880 Kgs. was recovered and based on their confession statement, accused nos.3 & 4 were arrested from a room in Hotel Orchid Bloom, Balaji Layout, Bagalur Main Road, Bengaluru. Even from the possession of accused nos.3 & 4, contraband article allegedly hydro ganja was recovered. It appears that based on the confession statement of accused nos.1 to 4, the officers of DRI, Indore Zonal Unit, had apprehended accused nos.5 & 6 in the railway station at Bhopal and from their possession, two trolley bags totally containing 24.186 Kgs. of contraband article hydro ganja was recovered and seized under the panchanama. 7. The material on record would go to show that the contraband article seized in the present case was trafficked to India from Thailand and accused nos.5 & 6 were the carriers of - 6 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 portion of the contraband article which had reached India from Thailand. Accused nos.5 & 6 in their confession statement have stated about their contact with Harneet Singh Sethi, who is the kingpin in the crime in question. Even accused nos.1 & 2 had stated in their confession statement about their contact with Harneet Singh Sethi. During the course of investigation, material is collected to establish the connection of the arrested accused and the alleged kingpin Harneet Singh Sethi. It is under these circumstances, bail petitions of accused nos.2 & 7 have been rejected by this Court in Crl.P.No.1398/2026 c/w Crl.P.No.5997/2026 disposed of 02.07.2026. 8. During the course of arguments, learned Counsel for the respondent has submitted that the orders passed by the Trial Court granting regular bail to accused nos.3 & 4 has been already questioned by the respondent before this Court. 9. This Court in the case of Jafar Ali Iqbal Vs Union of India - Crl.P.No.9787/2026 and connected matters 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 - 7 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 of contraband 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 - 8 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 cannabis has revealed that it contains a psychotropic substance known as Tetra Hydro Cannabinol which is 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 - 9 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 the Central Government, in exercise of its power under the NDPS Act, specifying small quantity and 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. - 10 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 13. Punishment for the alleged offences is one of the factors to be considered by courts while 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." - 11 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 10. In the present case, material on record would go to show that accused nos.5 & 6 were in conscious possession of the contraband article which was in the trolley bag carried by them. They had not co-operated for opening the said trolley bags, and therefore, the officers had to break open the lock of the trolley bags and recover the contraband article carried by the accused persons. Since accused nos.5 & 6 were carrying contraband article allegedly hydro ganja totally weighing 24.186 Kgs., the same has to be considered as commercial quantity. Therefore, the rigor under Section 37(1)(b) of the NDPS Act squarely gets attracted against accused nos.5 & 6. Merely for the reason that investigation of the case is now completed, the accused involved in trafficking commercial quantity of drugs cannot be granted bail. The material collected by the officers would go to show that the accused persons are members of the syndicate involved in trafficking drugs across India. 11. To check the menace of dangers the drug and psychotropic substances has been causing in the society, the Parliament has provided that a person accused of offence under the Act should not be released on bail during the trial unless - 12 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 mandatory conditions provided under Section 37 of the Act are satisfied. The twin conditions found in Section 37(1)(b) of the Act are, the reasonable ground to believe that the accused is involved in the case, and the accused is not likely to commit the offence while on bail. 12. The evidence collected during the course of investigation in the present case, makes out a prima facie case about involvement of the petitioners herein in the alleged crime. No reason whatsoever is found to falsely implicate them in the present case. Merely for the reason that investigation is completed, the same cannot be a ground to enlarge the petitioner on bail in a case where huge quantity of contraband article is found to be trafficked across India. 13. In the case of STATE OF KERALA VS RAJESH & Others - MANU/SC/0084/2020, the Hon'ble Supreme Court has held that liberal approach in the matter of bail under the Act is uncalled for. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail at this stage cannot be entertained, more so when some of the - 13 - HC-KAR CNR: KAHC010514612026 NC: 2026:KHC:47898 CRL.P No. 11406 of 2026 accused named in the complaint are yet to be arrested. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK