Bail Grantable for Intermediate Quantity of Ganja Absent Criminal Antecedents Following Charge-Sheet Filing

The applicant, Saurabh Tandi, was arrested on February 9, 2026, in connection with Crime No. 41/2026 at Police Station City Kotwali, Raipur

Following a secret tip-off, police conducted a raid and allegedly seized 4.085 Kgs of Ganja from the joint possession of the applicant and a co-accused

The applicant filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication, non-compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and highlighting his lack of criminal antecedents

The State opposed the bail, noting that a charge-sheet had already been filed and emphasizing the nature of the seizure

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the quantity of contraband seized and the duration of his pretrial detention

The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power to grant bail

It further considered Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which penalizes the possession of cannabis

Procedural adherence was scrutinized under Section 42 of the NDPS Act regarding power of entry, search, seizure, and arrest without warrant or authorization

Additionally, Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS were invoked to set conditions for the continued liberty of the applicant

The court evaluated the entitlement to bail by weighing the circumstances of the seizure against the applicant's profile and the trial's progress. It noted that the quantity involved (4.085 Kgs) was seized from joint possession

However, the court placed significant weight on the fact that the applicant had no prior criminal record under the NDPS Act

Furthermore, since the investigation was complete and the charge-sheet had been filed, the court observed that the applicant had already been in custody since February 9, 2026

Reasoning that the conclusion of the trial would likely take a considerable amount of time, the court determined that further detention was unnecessary, provided stringent conditions were imposed to ensure the applicant's participation in the trial

The holding established that given the lack of criminal antecedents and the filing of the charge-sheet, the applicant was entitled to release

The relief was granted subject to the execution of a personal bond with two sureties and specific conditions: the applicant must not seek unnecessary adjournments, must appear personally on key trial dates (framing of charges and Section 351 BNSS statements), and must comply with all court proclamations under penalty of Sections 209 and 269 of the BNS