Bail denied for possession of commercial quantity of ganja involving inter-state trafficking under NDPS Act.

The applicant was arrested on 30.10.2025 following a search operation by the Gharghoda Police. A Hyundai car (CG-29-AS-2077) driven by the applicant was intercepted, leading to the recovery of 250 packets containing 257.5 kilograms of contraband ganja concealed in the vehicle.

The applicant fits the role of a courier who allegedly transported the substances from Odisha to Chhattisgarh on the instructions of a co-accused.

The applicant moved the High Court for regular bail, contending false implication and non-compliance with mandatory search and seizure procedures.

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

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding bail provisions.

Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), and specifically the rigorous "twin conditions" for bail stipulated under Section 37 of the NDPS Act.

Section 37 mandates that for offences involving commercial quantities, bail should only be granted if there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offence while on bail.

The Court observed that the quantity of ganja seized (257.5 kg) significantly exceeded the "commercial quantity" threshold defined under the NDPS Act.

Applying the facts to the statutory embargo of Section 37, the court noted that the applicant was in "conscious possession and exclusive control" of the vehicle containing the contraband.

The Court rejected the defense's argument regarding procedural non-compliance as insufficient at this stage, noting that prima facie material connected the applicant to the crime, including his own interrogation statements regarding the interstate transport of drugs.

Given the gravity of the offense and the failure of the applicant to provides a plausible explanation to overcome the statutory presumption of guilt for the purpose of bail, the court found no grounds for release.

It held that the involvement in illegal trafficking of a massive quantity of narcotics precluded the grant of bail under the NDPS Act.

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