The Rajasthan High Court has refused to grant bail to a 27-year-old accused who was arrested with approximately 18.5 kilograms of hydroponically cultivated cannabis. Although the recovered quantity was marginally below the statutory limit for “commercial quantity” under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Court observed that the value and method of cultivation indicated a serious offence involving organized drug trafficking.
The bench highlighted that hydroponically cultivated cannabis, which is grown using advanced techniques without soil, holds far higher market value than regular marijuana. The seized drugs were reportedly worth around ₹18 crore, suggesting that the accused was part of a sophisticated trafficking network. The Court noted that the accused could not be treated as a casual offender merely because the weight of the drugs was slightly below the commercial threshold.
In its reasoning, the Court stated that traffickers are increasingly resorting to strategies such as importing or cultivating drugs in quantities just below the commercial limit to escape the stricter provisions of the NDPS Act. The Court emphasized that such practices should not be rewarded by granting bail, as doing so would encourage deliberate circumvention of the law. It held that the purpose of the NDPS Act is to curb drug trafficking in all its forms, including modern and technologically advanced methods like hydroponic cultivation.
The bench examined the twin conditions under Section 37 of the NDPS Act, which require that before bail can be granted, the Court must be satisfied that there are reasonable grounds to believe the accused is not guilty and that they are unlikely to commit an offence while on bail. In this case, both conditions were found unmet. The Court observed that the nature of the recovery, the cultivation method, and the scale of the operation demonstrated the seriousness of the offence and the potential danger of releasing the accused at this stage.
Furthermore, the Court remarked that the law must evolve with changing patterns of drug trafficking. Merely relying on the weight of the contraband to determine the severity of an offence is no longer adequate, especially when high-value, potent substances are involved. The bench held that courts must assess the totality of circumstances, including the value, potency, cultivation technique, and the organized nature of the offence.
In conclusion, the High Court dismissed the bail application and directed that the accused remain in custody. The ruling underscores the judiciary’s stance that in drug trafficking cases involving sophisticated cultivation techniques and high-value contraband, bail should be granted only in exceptional circumstances. The judgment also reinforces the need for a contextual interpretation of the NDPS Act to effectively address the evolving challenges of drug-related crimes.
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