Bail granted for intermediate drug quantity as Section 37 NDPS Act rigors are not attracted.

The applicant was arrested on November 3, 2025, in connection with Crime No. 356/2025 registered at Police Station Amanaka, Raipur, for offenses under the NDPS Act

The prosecution alleged that 34.60 grams of Cannabis (Ganja) was seized from the joint possession of the applicant and a co-accused

The applicant moved the High Court for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing that the investigation was complete, the charge-sheet had been filed, and the quantity seized was an intermediate quantity

It was further submitted that the applicant had no prior criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS given the quantity of contraband seized and the lack of criminal antecedents?

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the grant of regular bail

It further interpreted Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

The court also addressed the applicability of Section 37 of the NDPS Act, noting that its rigorous conditions for bail do not apply to "intermediate quantities" of contraband (noting the commercial quantity for Ganja is 20 kg)

Procedural conditions for bail were governed by Sections 84, 209, 269, and 351 of the BNSS and Bharatiya Nyaya Sanhita (BNS)

The Court analyzed the facts by noting that the seizure of 34.60 grams of Cannabis from joint possession constituted an intermediate quantity, thereby not attracting the statutory bar under Section 37 of the NDPS Act

The Chief Justice observed that the investigation was complete and the charge-sheet had already been filed, negating the need for further custodial interrogation

the court took into account the applicant’s clean criminal record and the fact that he had been incarcerated since November 3, 2025

Since the trial was expected to take a significant amount of time, the court reasoned that continued detention would serve no fruitful purpose

The court held that the applicant was entitled to bail based on the quantity of the drug and the duration of his pretrial detention

The release was subject to specific conditions: (i) the applicant must not seek adjournments on evidence dates; (ii) he must appear on all trial dates; and (iii) any misuse of liberty would lead to the initiation of proceedings under Sections 84 and 209 of the BNS/BNSS