MR. MOHAMMED AZHARUDEEN BURUKANUDEEN vs UNION OF INDIA

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HC-KAR
NC: 2026:KHC:57100
CRL.P No. 11643 of 2026


CNR: KAHC010526322026





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 9 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 11643 OF 2026

BETWEEN:

MR. MOHAMMED AZHARUDEEN
BURUKANUDEEN
S/O BURUKANUDEEN
AGED ABOUT 32 YEARS
RESIDING AT NO.491, SYED SADIQ NAGAR
MANGADU, CHENNAI
TAMIL NADU-600122
…PETITIONER






(BY SRI MANJUNATHA B.T, ADV.)

AND:

UNION OF INDIA
INSPECTOR OF CUSTOMS
AIR INTELLIGENCE UNIT
KEMPEGOWDA INTERNATIONAL AIRPORT
DEVANAHALLI, BENGALURU-560300
REPRESENTED BY SPECIAL PUBLIC
PROSECUTOR, HIGH COURT OF KARNATAKA
BENGALUR - 560 001.
…RESPONDENT





Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA

(BY SRI AKASH B. SHETTY, ADV.)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
SPL.C.C.NO.1660/2026 VIDE COMPLAINT C.NO.VII/48/027/2026-27
AIU-A CUS P/U/S 20(b)(ii)(c), 23(c), 28 AND 29 AND FOR THE
VIOLATION OF SEC. 8(c) OF NDPS ACT 1985, REGISTERED BY THE
RESPONDENT / INSPECTOR OF CUSTOMS, AIR INTELLIGENCE UNIT,
KEMPE GOWDA INTERNATIONAL AIRPORT, DEVANAHALLI,
BENGALURU - 560300, NOW PENDING ON THE FILE OF XXXIII ADDL.
CITY CIVIL AND SESSIONS JUDGE, AND SPL. JUDGE (NDPS),
BANGALORE CCH-33.

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NC: 2026:KHC:57100
CRL.P No. 11643 of 2026


CNR: KAHC010526322026



THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.3 in Spl.C.C.No.1660/2026 pending before the
Court XXXIII Additional City Civil and Sessions Judge & Special Judge
(NDPS), Bengaluru CCH-33 arising out of Complaint
No.VIII/48/027/2026-27 AIU-'A' CUS registered by the
Respondent/Inspector of Customs, Air Intelligence Unit, Kempegowda
International Airport, Devanahalli, Bengaluru for the offences
punishable under Sections 20(b)(ii)(c), 23(c), 28 and 29 and for the
violation of Section 8(c) of NDPS Act, 1985 is before this Court in this
petition filed under Section 483 of BNSS, 2023 read with Section 37
of Narcotic Drugs and Psychotropic Substances Act (for short,
hereinafter referred to as the 'NDPS Act').

2. Heard the learned counsel for the parties.

3. Based on credible information received, the officers of
the respondent had intercepted the petitioner and two others at
Kempegowda International Airport, Devanahalli, Bengaluru, after
they arrived from Bangkok on 24.04.2026 and from their possession
contraband article, namely, hydroponic ganja totally weighing 26 kgs
230 grams was recovered under a mahazar. Subsequently, they

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CRL.P No. 11643 of 2026


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were arrested and remanded to judicial custody. After completing
investigation, the prosecution has filed a complaint against three
accused persons and the petitioner is arraigned as accused No.3. His
bail application filed before the Trial Court was rejected. Therefore,
he is before this Court.

4. Material on record would go to show that on
24.04.2026, based on specific intelligence report, three passengers
who arrived in Kempegowda International Airport, Bengaluru, by
Flight No.6E-1056 at about 10.10 hours on 24.04.2026 were
intercepted by the respondent and on verification, the said persons
admitted that they were carrying contraband article in wrapped
packets.

5. Material on record would go to show that the aforesaid
packets were handed over to accused Nos.1 to 3 by one Mr.Anas at
Bangkok in a hotel by name Goody Hotel and it appears that under
these circumstances, Section29 of the Act has been invoked in the
present case against the accused persons.

6. Learned counsel for the petitioner has not pointed out
non-compliance of any statutory provisions of the Act in the present
case. The total quantity of contraband article seized from the

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possession of the accused persons totally weighs 26 kgs 230 grams.
From the possession of the petitioner, seized contraband article
weighs 16 kgs 360 grams. Under identical circumstances, this Court
in Crl.P.No.9787/2026 connected with Crl.P.Nos. 9868/2026,
9874/2026 vide order dated 17.08.2026 has rejected the bail
application, of similarly placed accused persons. In Paragraph Nos.6
to 13 of the said order, this Court has observed as follows:

"6. The NDPS Act is enacted with a view to make
stringent provisions for the control and regulation of
operations, trafficking, funding, etc., relating to narcotic
drugs and psychotropic substances. Sections 2(viid),
2(xiv) & 2(xxiii) of the NDPS Act, defines the words
'controlled substance', 'narcotic drug' and 'psychotropic
substance', respectively. The same reads as under:

"2(viid) "controlled substance" means any
substance which the Central Government may,
having regard to the available information as to is
possible use in the production or manufacture of
narcotic drugs or psychotropic substances or to the
provisions of any International Convention, by
notification in the Official Gazette, declare to be a
controlled substance.

2(xiv) "narcotic drug" means coca leaf,
cannabis (hemp), opium, poppy straw and includes
all manufactured drugs.

2(xxiii) "psychotropic substance" means any
substance, natural or synthetic, or any natural
material or any salt or preparation of such
substance or material included in the list of
psychotropic substances specified in the Schedule."

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7. The punishment for violating the provisions of
the NDPS Act, depends on the quantity 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 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.

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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 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 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

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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".

7. The aforesaid reasoning assigned by this Court while
rejecting the bail application, of similarly placed accused persons who
were found trafficking hydroponic ganja from Bangkok to India is
squarely applicable to the case on hand. Therefore, I am of the
opinion that the prayer sought for by the petitioner for grant of
dismissed.
regular bail needs to be rejected. Accordingly, petition is

Sd/-
(S VISHWAJITH SHETTY)
JUDGE
DH, List No.: 1 Sl No.: 45