A woman accused of commercial-quantity NDPS possession was granted bail under BNSS Section 480.

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Crime No. 96/2026, registered for an offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution alleged that police, acting on information, raided a house in Bidar on 28 May 2026 and found the petitioner in possession of 38.476 kg of ganja; she allegedly said she had purchased it from accused No. 2.

The State opposed bail, citing the pending investigation, alleged similar cases, and risks of witness tampering, interference with the investigation, and further offending.

The petitioner submitted that she had been acquitted in one earlier case and discharged in another.

The petition was brought under Section 483 of the BNSS, which the Court treated as the basis for considering regular bail.

The Court relied on Section 480 of the BNSS, reasoning that the petitioner, as a woman, was entitled to bail; it also noted that the alleged offence was not punishable by death or life imprisonment and carried a term of imprisonment of 10 to 20 years.

The alleged offence was under Section 20(b)(ii)(C) of the NDPS Act.

The order cites no precedent and does not discuss Section 37 of the NDPS Act.

The Court considered the prosecution’s allegations and objections but reasoned that, even assuming a prima facie case, the offence was not punishable by death or life imprisonment and the petitioner was a woman.

It further found that her permanent residence in Bidar and appropriately tailored conditions could address concerns about cooperation with the investigation and trial.

The earlier cases, one resulting in acquittal and the other in discharge, did not by themselves establish that she was a habitual offender; the Court also found no special ground to deny bail.

Bail was subject to conditions requiring her to cooperate with the investigation, attend court as required, refrain from tampering with witnesses or hampering the investigation or trial, and not commit similar or other offences while the case is pending; breach would result in cancellation of bail.