Bail granted for intermediate quantity NDPS possession citing lack of criminal antecedents and filed charge-sheet. ### Summary The High Court of Chhattisgarh granted regular bail to an applicant charged under Section 15(b) of the NDPS Act for the possession of 2.150 Kgs of Poppy Straw (intermediate quantity). In exercising its discretion under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, the Court observed that the applicant had no prior criminal record and that the investigation was complete with the charge-sheet already filed. Noting the applicant’s period of incarceration since December 2025 and the anticipated length of the trial, the Court concluded that further detention was unnecessary, ordering his release on bail subject to specific conditions regarding trial attendance and conduct.

The applicant was arrested on December 30, 2025, in connection with Crime No. 1254/2025 registered at Police Station Khamtarai, Raipur.

According to the prosecution, acting on a secret tip, the police conducted a raid and seized 2.150 Kgs of Poppy Straw (Doda) and Rs. 3,000 in cash from the applicant's possession.

Consequently, the applicant was charged under Section 15(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The applicant sought regular bail, arguing that he was falsely implicated, that the contraband was not recovered from his possession, and that the police failed to comply with the mandatory procedural requirements of Section 42 of the NDPS Act.

The State opposed the bail, citing the recovery of the contraband, though it acknowledged that the charge-sheet had already been filed.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the offence and the period of incarceration.

The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 439 of the CrPC), regarding the power of the High Court to grant regular bail.

The substantive charges were governed by Section 15(b) of the NDPS Act, 1985, which relates to the possession of an "intermediate quantity" of poppy straw.

The court also considered the procedural safeguard of Section 42 of the NDPS Act regarding entry, search, and seizure.

Additionally, the court stipulated conditions for bail invoking Section 269 (omission to assist public servant), Section 209 (non-appearance in response to proclamation), and Section 351 (recording of statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS.

The court specifically noted that the applicant has no criminal antecedents.

The court observed that the investigation had progressed significantly, as the charge-sheet had already been submitted to the competent court.

Given that the applicant had been in custody since December 30, 2025, and that the trial's conclusion was expected to take a considerable amount of time, the court found that continued detention was unnecessary.

The court balanced the severity of the NDPS charges against the applicant's right to liberty during a protracted trial.

The court held that the applicant was entitled to bail based on his lack of prior criminal records and the filing of the charge-sheet.

The release is subject to strict conditions: the applicant must not seek adjournments during evidence when witnesses are present, must appear on all fixed dates, and must specifically be present for the framing of charges and recording of statements under Section 351 of the BNSS.

Any default or misuse of liberty would trigger proceedings under Sections 209 or 269 of the BNS.