Facts
The applicants, Rajkumar Thakur and Sarju Shrivas, were arrested on 30.11.2025 following a police search based on secret information regarding illegal contraband
Source reference: p. 2, para. 2The police seized 10 kg of Ganja from their joint possession at N.H. 53 Road, village Rehatikhol
Source reference: p. 2, para. 2The applicants were charged under Section 20(B) II B of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Source reference: p. 1, para. 1This First Bail Application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail after the filing of the charge-sheet
Source reference: p. 1, para. 1; p. 2, para. 3Issues
1. Whether the applicants are entitled to regular bail considering the quantity of contraband seized and their duration of incarceration
Source reference: p. 3, para. 6Law Applied
The Court applied the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, specifically Section 20(B) II B for possession of intermediate quantity
Source reference: p. 2, para. 1It assessed the "rigors of Section 37 of the NDPS Act," which imposes stringent conditions for bail in cases involving "commercial quantities" (defined as more than 20 kgs for Ganja)
Source reference: p. 2, para. 3Procedurally, the application was governed by Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Source reference: p. 1, para. 1the court noted potential penalties under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) for violations of bail conditions
Source reference: p. 4, para. 7Reasoning
The Court observed that the 10 kg of Ganja seized from the applicants constitutes an "intermediate quantity," which is significantly less than the 20 kg threshold required to trigger the restrictive bail conditions of Section 37 of the NDPS Act
Source reference: p. 2, para. 3; p. 3, para. 6The Hon’ble Chief Justice noted that the charge-sheet had already been filed and that the applicants had no prior criminal antecedents
Source reference: p. 2, para. 4; p. 3, para. 6Furthermore, the court considered the period of detention (since 30.11.2025) and the likelihood that the trial would not conclude in the near future.
Source reference: p. 3, para. 6Given these factors—possession of sub-commercial quantity, lack of antecedents, and the stage of investigation—the court determined that continued custody was not warranted
Source reference: p. 3, para. 6Holding
The Court allowed the bail application and ordered the release of Rajkumar Thakur and Sarju Shrivas upon furnishing personal bonds and two sureties each to the satisfaction of the trial court
The holding was conditional upon the applicants not seeking unnecessary adjournments, appearing on all fixed dates, and complying with procedural requirements under Sections 84, 209, 269, and 351 of the BNSS/BNS
Source reference: p. 4, para. 7The Court directed immediate compliance and notification to the trial court
Source reference: p. 4, para. 8Original Court PDF
RAJKUMAR THAKURvsSTATE OF CHHATTISGARH
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