Facts
The three applicants were arrested on 10.02.2026 following a police raid in Gudhiyari, Raipur, where 9.380 kilograms of cannabis (ganja) were allegedly seized from their joint possession
Source reference: p. 1-2The police registered Crime No. 44/2026 under the NDPS Act.
Source reference: p. 2The applicants moved the High Court for regular bail, contending they were falsely implicated, the investigation (charge sheet) was complete, and they had been in judicial custody since February 2026
Source reference: p. 2While Applicant No. 3 had no criminal record, Applicants Nos. 1 and 2 had previous antecedents under the IPC
Source reference: p. 2Issues
Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the quantity of the seized contraband and the duration of their incarceration
Source reference: p. 2-3Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail
Source reference: p. 1Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which penalizes the possession and sale of cannabis
Source reference: p. 1The Court also referenced the statutory distinction between "intermediate" and "commercial" quantities under the NDPS Act to determine the applicability of stringent bail restrictions
Source reference: p. 3Procedural requirements for bail conditions were governed by Sections 84 (proclamation), 209 (non-appearance), 269 (punishment for non-attendance), and 351 (accused's statement) of the Bharatiya Nyaya Sanhita (BNS) and BNSS
Source reference: p. 3-4Reasoning
The Court observed that the total quantity of cannabis seized (9.380 kg) was less than the "commercial quantity" defined under the NDPS Act, which significantly lowered the threshold for granting bail
Source reference: p. 3The Court noted that the charge sheet had already been filed, meaning custodial interrogation was no longer necessary, and the trial was expected to take a considerable amount of time
Source reference: p. 3Although the State opposed the bail citing the criminal history of Applicants 1 and 2, the Court prioritized the fact that the seized amount was not a commercial quantity and that the applicants had been in jail since early 2026
Source reference: p. 3Holding
The Court allowed the bail application and ordered the release of all three applicants on personal bonds with two local sureties each
The holding was based on the non-commercial quantity of the contraband and the filing of the charge sheet
Source reference: p. 3The release is subject to strict conditions: the applicants must not seek unnecessary adjournments [para 7(i)], must appear personally for framing of charges and recording of statements [para 7(iv)], and must comply with court dates or face proceedings under Section 269 of the BNS and Section 84 of the BNSS
Source reference: p. 3-4Original Court PDF
ASHUTOSH TIWARIvsSTATE OF CHHATTISGARH
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