NDPS Section 37’s bail restrictions apply to accused charged with commercial-quantity hydroponic ganja trafficking.

The petitioner, Accused No. 2, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under the NDPS Act

The prosecution alleged that, on 9 October 2025, the petitioner and two co-accused were intercepted at Kempegowda International Airport after travelling from Colombo. Hydroponic ganja and psilocybin mushrooms were recovered from their luggage; the petitioner’s bag allegedly contained 15.8 kg of hydroponic ganja and 2.6 kg of mushrooms

The complaint was filed against all three accused, and the petitioner’s bail application had been rejected by the Special Court on 6 August 2026

1. Whether the petitioner was entitled to regular bail in the NDPS prosecution, having regard to the alleged recovery and the statutory restrictions on bail

2. Whether the principles concerning hydroponic ganja and the application of Section 37 of the NDPS Act weighed against granting bail

The alleged offences arose under Sections 8(c), 20(b)(ii)(c), 23(c), 28 and 29 of the NDPS Act

Section 37(1)(b) imposes stringent conditions on bail in cases involving commercial quantity

The Court relied on Jafar Ali Iqbal v. Union of India, Criminal Petition No. 9787 of 2026 and connected matters, which discussed the statutory definitions of ganja and cannabis and the quantity-based punishment scheme; it also observed that hydroponic ganja is not separately listed in the Central Government notification specifying small and commercial quantities

That decision further held that the potential harm associated with hydroponic ganja is a relevant consideration in bail proceedings and that possession of an intermediate quantity does not, by itself, warrant bail

The Court considered the alleged recoveries from all three accused and the prosecution’s case that they had acted in concert to bring the contraband into India for sale

Applying the reasoning in Jafar Aliq Iqbal, it treated the nature and social harm of hydroponic ganja as relevant to the bail assessment.

It further concluded that the accused were found in possession of commercial quantity, attracting Section 37(1)(b) of the NDPS Act

In those circumstances, the Court declined to grant bail at that stage