Bail granted as seized intermediate quantity of contraband does not attract Section 37 NDPS rigors.

The applicants were intercepted on a motorcycle on January 23, 2026, following a police tip-off.

A search conducted by the police led to the recovery of 6.936 kilograms of contraband Ganja from a cloth bag kept on the vehicle.

The applicants were arrested on January 24, 2026, and charged under Section 20(b) of the NDPS Act at Police Station Sankra.

Following the completion of the investigation, a charge-sheet was filed before the Special Judge, NDPS Act, Mahasamund.

The applicants moved the High Court seeking regular bail, contending false implication and procedural non-compliance regarding search warrants.

Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) considering the quantity of contraband seized and their lack of criminal history.

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

Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, for the possession of Ganja.

Rigors of Section 37 of the NDPS Act (which restricts bail) only apply to commercial quantities, defined in the schedule as exceeding 20 kg for Ganja.

Sections 269 and 209 of the Bharatiya Nyaya Sanhita (BNS) regarding penalties for non-appearance and breach of bail conditions.

The Court observed that the 6.936 kg of Ganja seized from the joint possession of the applicants was significantly less than the 20 kg threshold for "commercial quantity".

Consequently, the stringent statutory restrictions on bail under Section 37 of the NDPS Act were not applicable.

The Court further reasoned that since the charge-sheet had already been filed, the investigation was complete.

The Court also took into account that the applicants had no prior criminal record and had been in custody since January 24, 2026.

Given that the trial was expected to take a considerable amount of time, the Court found it fit to grant liberty subject to strict conditions to ensure their presence during trial.

The Court held that the applicants are entitled to be released on bail upon furnishing a personal bond and two sureties each, subject to conditions that they do not seek unnecessary adjournments, remain present for all trial dates (especially framing of charges and recording of statements), and comply with proceedings under the BNSS in case of default.