Chhattisgarh High Court

Bail granted for intermediate quantity of contraband where applicant lacks antecedents and trial is delayed.

VIKAS SAHU vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 24, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant was arrested on February 13, 2026, by the Bagbahara Police for allegedly transporting 7.70 kilograms of Ganja on a motorcycle near the Rewa River Ghat

Source reference: para. 2

The contraband, valued at approximately ₹3,50,000, was seized, and an FIR was registered under Section 20(b) of the NDPS Act (later cited as Section 22(B) in the order)

Source reference: para. 1-2

The applicant filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication, non-compliance with search/seizure procedures, and that the quantity seized was "intermediate" rather than "commercial"

Source reference: para. 1, 3

The investigation is complete, and the charge sheet has been filed

Source reference: para. 3
02

Issues

Whether the applicant is entitled to the grant of regular bail considering the quantity of contraband seized and the duration of his pretrial detention?

Source reference: para. 6
03

Law Applied

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail

Source reference: para. 1

Section 22(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act

Source reference: para. 1

because the recovery was of an "intermediate quantity" (below commercial quantity), the strict rigors of Section 37 of the NDPS Act—which impose higher hurdles for bail in commercial quantity cases—were not attracted

Source reference: para. 3

Procedural conditions for the conduct of the trial were framed under Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS respectively

Source reference: para. 7
04

Reasoning

The Court weighed the nature and gravity of the offense against several mitigating factors

Source reference: para. 6

It noted that the applicant had no prior criminal antecedents and had been in custody since February 13, 2026

Source reference: para. 4, 6

Because the charge sheet had already been filed and the trial was expected to consume significant time, the Court reasoned that continued detention would serve as pre-trial punishment

Source reference: para. 3, 6

The Court implicitly accepted the defense's argument that the 7.70 kg of Ganja constituted an intermediate quantity, thereby allowing for the exercise of judicial discretion without the restrictive mandates of Section 37 of the NDPS Act

Source reference: para. 3, 6
05

Holding

The Court allowed the application and granted regular bail to Vikas Sahu

The applicant was ordered to be released upon furnishing a personal bond with two local sureties, subject to specific conditions: he must not seek unnecessary adjournments, must be present for all trial dates (specifically for framing charges and recording statements), and must comply with BNS/BNSS provisions regarding attendance, failing which the trial court may treat it as an abuse of liberty

Source reference: para. 7
Chhattisgarh High Court

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VIKAS SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 24, 2026

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