Rajasthan High Court Denies Bail to Accused in High-Value Narcotics Case

Court emphasizes strict scrutiny and societal impact in NDPS Act cases involving Hydroponic Weed with significant THC content.

In a recent decision, the Rajasthan High Court, Jaipur Bench, under the judgment of Justice Sameer Jain, has denied bail to Kuldeep Singh, who was apprehended with approximately 15.740 kg of Hydroponic Weed, a substance with a high concentration of Tetrahydrocannabinol (THC), at an international airport. The court highlighted the severe societal implications of such narcotic substances and the necessity of stringent judicial scrutiny in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), was opposed by the Directorate of Revenue Intelligence (DRI), represented by Senior Standing Counsel Kinshuk Jain. The prosecution argued that the Hydroponic Weed seized was concealed and valued at approximately Rs. 15.50 crores in the market. The THC content of the substance was noted to be significantly higher than that of ordinary ganja, raising concerns about its impact.

Justice Jain referenced several landmark judgments, emphasizing the need for a stringent approach to economic offences and narcotics cases, particularly due to their calculated nature and potential to undermine public trust and economic stability. Despite the defense's arguments about the applicant's youth, lack of criminal history, and willingness to comply with bail conditions, the court determined that the severity of the offence and ongoing investigations warranted the denial of bail.

Bottom Line:

Bail application in cases involving narcotic substances, especially under NDPS Act, requires strict scrutiny considering the nature of the substance, its quantity, and overall societal impact. Courts must exercise caution and rely on statutory mandates and precedents to ensure justice.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 23, 29, 80; Customs Act, 1962 - Sections 11, 77, 111, 113, 118, 119, 123; Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483.

Kuldeep Singh v. D.R.I., (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2821389