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

On November 24, 2025, acting on a tip-off, police conducted a raid in Khamtari, District Raipur, and apprehended the applicant while he was riding an Activa vehicle.

The police seized 14.391 kg of Ganja (cannabis) from his possession.

The applicant was arrested and charged under Section 20(b)(ii)(B) of the NDPS Act.

He filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending that the quantity seized was intermediate rather than commercial, he had no prior criminal record, and the mandatory search procedures under Section 42 of the NDPS Act were violated.

The applicant had been in custody since the date of the raid.

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

2. Whether the rigors of Section 37 of the NDPS Act apply to the seizure of 14.391 kg of Ganja.

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which pertains to the possession of an "intermediate quantity" of cannabis.

Section 37 of the NDPS Act, which imposes strict conditions for bail in cases involving "commercial quantities" (defined as more than 20 kg for Ganja).

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for grant of regular bail.

Sections 269, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) regarding trial attendance and consequences of bail misuse.

The court observed that the 14.391 kg of Ganja recovered was significantly below the statutory threshold of 20 kg required to be classified as a "commercial quantity".

Consequently, the court found that the stringent "twin conditions" for bail under Section 37 of the NDPS Act did not apply.

The court further noted that the applicant had no prior criminal history under the NDPS Act, the charge-sheet had already been filed, and the applicant had been incarcerated since November 24, 2025.

Given that the trial was likely to take a considerable amount of time, the court reasoned that continued pre-trial detention was not warranted under the facts and circumstances.

The court allowed the bail application and ordered the release of Rupendra @ Golu Sahu upon furnishing a personal bond with two sureties.