### Bail denied for joint possession of commercial quantity of contraband despite plea of non-exclusive possession.

The applicant filed his first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023

On August 22, 2025, the applicant and three co-accused were allegedly intercepted near Square Gariyaband in two vehicles (an Innova and a Bolero)

Police recovered 193.33 kg of ganja from the joint possession of the accused persons

The applicant was arrested on August 23, 2025

Counsel for the applicant argued that no recovery was made from his exclusive possession, he had no connection to the vehicles, and he was implicated solely on a memorandum statement of a co-accused

It was further contended that the applicant suffers from serious medical conditions, including a patella fracture and head injuries

The State opposed bail, citing the commercial quantity of the seized contraband

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, for offences under the NDPS Act despite the recovery of a commercial quantity of contraband

Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which stipulates stringent penalties for the possession and transport of commercial quantities of contraband

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 439 of the CrPC), regarding the discretionary power of the High Court to grant bail

Implicitly, the court adhered to the statutory rigors of the NDPS Act which restrict bail when the recovery exceeds commercial limits

The court evaluated the facts and circumstances, specifically focusing on the gravity of the seizure

While the applicant’s counsel argued that the applicant was not caught at the spot and faced false implication based on a co-accused’s statement, the court found that a total of 193.33 kg of ganja was recovered from the joint possession of the accused persons

The court noted that this amount significantly exceeds the threshold for "commercial quantity"

The court dismissed the applicant's claims of innocence and medical hardship, observing that the applicant failed to provide a satisfactory explanation for the contraband and concluding that, given the circumstances, it was not a case of false implication

The holding established that the recovery of a massive commercial quantity (193.33 kg) from joint possession precludes the grant of bail at this stage

The trial court was directed to proceed and conclude the trial expeditiously

the office was instructed to communicate the order for compliance