The Telangana High Court granted regular bail to two accused arrested in connection with an alleged international ganja smuggling case under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)  involving seizure of 5.8 kilograms of cannabis at Hyderabad’s Rajiv Gandhi International Airport.

The bench of Justice K. Sujana has observed that although the prosecution sought to rely upon provisions relating to import of narcotic substances, the offences actually alleged against the accused were under Sections 20, 23 and 29 of the NDPS Act. The quantity allegedly seized was 5.8 kilograms of ganja, which fell within the category of intermediate quantity and not commercial quantity.

The accused filed the Criminal Petition seeking release on bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

According to the prosecution, Customs officials acting on passenger profiling intercepted the accused who had arrived from Kuala Lumpur, Malaysia, on an Air Asia flight that landed at Hyderabad on 2 May 2026. During inspection conducted in the presence of independent witnesses, authorities allegedly recovered 5,800 grams of a substance suspected to be ganja concealed inside specially created false chambers in two blue-coloured bags.

The Customs department alleged that the accused had been carrying the contraband from Malaysia and that one of them confessed that the bags had been handed over by an unidentified person in Kuala Lumpur for delivery to a recipient waiting at the airport in Hyderabad. Based on these allegations, a case was registered under Sections 20, 23 and 29 of the NDPS Act.

The accused argued that the petitioners were innocent and had been falsely implicated. It was further contended that the quantity allegedly recovered was only an intermediate quantity under the NDPS Act and did not constitute commercial quantity. The defence also highlighted that the accused had remained in judicial custody since 3 May 2026 and had already spent more than 45 days in jail. Since substantial investigation had been completed, their further custodial interrogation was not required, it was argued.

The Customs department opposed the bail plea and argued that the contraband was allegedly imported from Malaysia into India, thereby attracting the provisions relating to illicit import under the NDPS Act. The prosecution contended that the stringent restrictions contained in Section 37 of the NDPS Act should apply and that the accused should not be released at this stage, particularly when the investigation was still underway.

The Court held that the rigorous conditions for grant of bail under Section 37 of the NDPS Act were not attracted in the present case. The Court also took note of the fact that the accused had been in judicial custody since 3 May 2026. Considering the period of incarceration and the quantity involved, the Court found it appropriate to enlarge the accused on regular bail.

While granting bail, the High Court directed the accused to execute personal bonds of ₹25,000 each along with two sureties for the like amount to the satisfaction of the jurisdictional Magistrate. The Court further directed them to appear before Customs authorities every Wednesday between 9:00 a.m. and 5:00 p.m. for eight weeks or until filing of the charge sheet, whichever occurred earlier. They were also directed to comply with the statutory conditions applicable to bail under the BNSS.

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