Bail granted for intermediate quantity of contraband where charge-sheet is filed and trial delay is likely.

The applicant was arrested on 22.04.2025 near Shivnath River, Durg, after police acting on secret information allegedly recovered 14.44 grams of "Chitta (Heroin)" from his possession.

Two co-accused were also apprehended, with a total seizure of 76.34 grams of brown sugar from their joint possession.

The applicant sought regular bail, arguing false implication, non-compliance with mandatory NDPS procedures, and the fact that the seized amount constitutes an "intermediate quantity".

The applicant has been in custody for over 10 months, and the charge-sheet has already been filed.

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the quantity of contraband seized and the duration of pretrial detention.

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power to grant bail.

It further applied Sections 21(a) and 27(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and Section 111(2) of the Bharatiya Nyaya Sanhita (BNS).

Crucially, the court considered Section 37 of the NDPS Act, noting that its rigorous bail conditions are not attracted when the seized substance is less than "commercial quantity" (250 grams for heroin/brown sugar).

Procedural conditions for bail were set under Sections 84, 209, 269, and 351 of the BNSS.

The court reasoned that the alleged recovery of 76.34 grams of brown sugar from joint possession falls below the commercial threshold, thereby relaxing the stringent requirements of the NDPS Act for granting bail.

The court observed that the applicant has no prior criminal antecedents.

Furthermore, since the investigation is complete and the charge-sheet has been filed, custodial interrogation is no longer necessary.

The court emphasized that the applicant has already endured over 10 months of incarceration and, given that the trial is likely to consume significant time, continued detention would infringe upon constitutional rights under Articles 14 and 21.

Parity was also considered as similarly placed co-accused had been granted bail.

The court held that the intermediate quantity of the contraband, coupled with the lack of criminal history and the length of pretrial detention, justified the grant of bail.

The release is subject to specific conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence at trial, and compliance with court proceedings under the BNSS.