KARAN MEHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant bail application under Sec. 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with Complaint No.ARPT/AIU/OFF/333/2025 registered by the Superintendent, Customs, Jaipur International Airport, Terminal-1, Sanganer, Jaipur for the offence under Ss. 8, 20, 23 & 29 of NDPS Act. After completion of investigation, charge sheet has been filed in the court concerned.

(2.) Learned counsel for the petitioner submits that accused-petitioner has falsely been implicated in this case. He submits that alleged recovered quantity of contraband (Ganja 18.534 kg) from the petitioner is below commercial quantity and does not attract the provisions under Sec. 37 of the NDPS Act. It is submitted that the petitioner has been in custody for a long time and charge sheet has been filed in the court concerned as such, no fruitful purpose would be served by keeping him in custody. Counsel further submits that no criminal case has ever been registered against the petitioner in the past; hence it would be justified to grant him bail. It has also been submitted that according to the FSL report, the test of sample shows it to be Ganja and no other intoxicant or drug was found in the sample and calling it only hydroponic weed does not make any difference.

(3.) Learned Special Public Prosecutor appearing for Union of India vehemently opposes the submissions made by learned counsel for the petitioner. He submits that recovered cannabis is a special type of narcotic substance which is grown in foreign countries under special conditions to make it more potent. It is submitted that according to investigation agencies, the value of recovered contraband from possession of the petitioner is Rupees Eighteen Crore approx., which is attracting the young generation these days, which is a very worrying situation, therefore, merely because the quantity of Ganja recovered is less than the commercial quantity, the petitioner does not become eligible for bail. Counsel further submits that under a special modus operandi, Ganja is being brought from abroad in quantities less than commercial quantities so as to avoid the provisions of 37 of the NDPS Act and thereby to easily obtain bail. He further submits that the possibility of the petitioner being a member of drug syndicates also cannot be ruled out.