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

The applicant was arrested on February 20, 2026, following a secret tip-off that led the Police Station Basantpur (Distt. Rajnandgaon) to seize 1.323 kgs of Ganja from his possession.

The police registered Crime No. 71/2026 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), contending false implication, non-compliance with Section 42 of the NDPS Act, and the fact that the seized quantity was intermediate rather than commercial.

1. Whether the applicant is entitled to regular bail considering the quantity of contraband seized and his criminal antecedents.

2. Whether the rigors of Section 37 of the NDPS Act apply to the seizure of 1.323 kgs of Ganja.

Section 483 of the BNSS regarding the High Court's power to grant bail.

Section 20(b) of the NDPS Act, 1985, which penalizes the possession of cannabis.

Section 269 regarding non-appearance and Section 209 regarding non-appearance in response to a proclamation of the Bharatiya Nyaya Sanhita (BNS).

Statutory distinction between "intermediate" and "commercial" quantities under the NDPS Act schedule, noting that commercial quantity for Ganja is exceeding 20 kgs, which triggers the restrictive bail conditions of Section 37 of the NDPS Act.

The Court observed that the amount of Ganja seized (1.323 kgs) is significantly less than the 20 kg threshold required to be classified as a "commercial quantity".

Consequently, the strict limitations on bail under Section 37 of the NDPS Act were not applicable.

The Court noted that the applicant has only one criminal antecedent from 2023 under the IPC (not a narcotics offense) and has been in custody since February 20, 2026.

With the charge-sheet already filed and the trial likely to be prolonged, the Court determined that continued incarceration was unnecessary.

The Court allowed the application and granted regular bail to the applicant subject to conditions including prohibition on seeking unnecessary adjournments, mandatory presence during key trial stages, and warnings of proceedings under Sections 209 and 269 of the BNS in case of default.