Absence of criminal antecedents and seizure of intermediate quantity warrant regular bail under NDPS Act.

On February 14, 2026, Raipur police received information regarding four individuals in possession of illegal narcotics near Ring Road No. 01

Upon conducting a raid, the police apprehended the applicant and three other co-accused.

A search of their motorcycle led to the recovery of 10.28 grams of heroin/chitta

The applicant was arrested on February 15, 2026, and charged under Section 21(b) of the NDPS Act

The applicant filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing that the quantity seized was intermediate (below commercial), he had no criminal antecedents, and the trial would take time to conclude

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, in light of the seized intermediate quantity of narcotics and his period of incarceration

Section 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which governs offences related to intermediate quantities of manufactured drugs

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail

Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding non-attendance and Section 84 of the BNSS regarding proclamations for absconding persons

The court weighed the nature of the offence against the specific circumstances of the applicant’s detention.

It noted that the seized quantity of 10.28 grams of heroin/chitta constitutes an "intermediate quantity," which does not attract the stringent bail restrictions applicable to commercial quantities under the NDPS Act

The court found merit in the fact that the applicant had no prior criminal record under the NDPS Act

Additionally, since the charge-sheet had already been filed and the applicant had been in custody since February 15, 2026, the court reasoned that the conclusion of the trial would likely be delayed, making continued pre-trial detention unnecessary

The court concluded that the applicant was entitled to bail, provided there were sufficient safeguards to ensure his presence during the trial

The court held that bail was justified due to the intermediate quantity of the contraband, the absence of criminal antecedents, and the filing of the charge-sheet

The release is subject to several conditions, including: (i) an undertaking not to seek adjournments during evidence; (ii) mandatory appearance on all trial dates; and (iii) strict penalties under Sections 209 and 269 of the BNS in the event of default or misuse of liberty