Bail Denied for Commercial Quantity of Contraband Despite Hostile Seizure Witnesses and Reliance on Co-Accused Statement

On November 20, 2025, during a patrol by the Excise Department in Ramanujganj, officers intercepted a motorcycle operated by co-accused Sarfaraz Ansari. A search led to the recovery of 60 bottles of Onerex Cough Syrup (containing prohibited substances).

In his memorandum statement, Ansari disclosed that he purchased the contraband from the applicant, Praveen Kashyap.

The applicant was subsequently arrested for offenses under the NDPS Act.

The applicant sought regular bail, arguing that he was implicated solely on the co-accused's statement, that seizure witnesses had turned hostile, and that he had been acquitted in a previous NDPS case.

The State opposed the bail, citing the commercial quantity of the seizure and the applicant’s criminal history.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) despite the seizure of a commercial quantity of narcotics and his criminal antecedents.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 CrPC) for regular bail.

Sections 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The court adhered to the stringent standards for bail under the NDPS Act where commercial quantities are involved, emphasizing the seriousness of organized illicit trafficking.

The court observed that the 60 bottles of Onerex Cough Syrup recovered from the co-accused exceeded the "commercial quantity" defined under the NDPS Act.

While the applicant argued for bail on the grounds that seizure witnesses turned hostile, the court interpreted this as potential "tampering with the evidence" rather than proof of innocence.

The court noted the "prima facie involvement" of the applicant in organized illicit trafficking based on the co-accused's memorandum statement and the ongoing nature of the trial.

Furthermore, the court considered the applicant's criminal history, noting that while he was acquitted in one previous NDPS case, he still had two pending cases under the Excise Act from 2026.

The bail application was rejected.

However, the trial court was granted liberty to proceed and conclude the trial expeditiously.