Bail granted for intermediate quantity of Ganja where applicants lacked criminal antecedents and charge-sheet was filed.

On April 17, 2026, the applicants, Sujit Kumar Verma and Birendra Kumar Verma, were intercepted by the Lawan Police while allegedly transporting 15.928 kg of Ganja on a TVS Jupiter scooter

Following the seizure, an offense was registered under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The applicants were arrested the same day and have remained in custody since

After the police filed the charge-sheet, the applicants moved this first bail application before the High Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

1. Whether the applicants are entitled to regular bail considering the quantity of contraband seized and their lack of criminal antecedents.

2. Whether the seizure of 15.928 kg of Ganja from joint possession attracts the statutory rigors of Section 37 of the NDPS Act.

The court applied Section 483 of the BNSS, 2023, regarding the power of the High Court to grant bail

Substantively, the case is governed by Section 20(b) of the NDPS Act, 1985, for the possession of Ganja. The court relied on the distinction between intermediate and commercial quantities defined in the NDPS Schedule, noting that a commercial quantity of Ganja is exceeding 20 kg

Section 37 of the NDPS Act, which imposes stringent conditions for bail in cases involving commercial quantities, was held inapplicable

procedural compliance under Section 269 (non-appearance), Section 84 (proclamation for person absconding), and Section 209 (failure to appear) of the Bharatiya Nyaya Sanhita (BNS) was referenced for bail conditions

The court observed that the total Ganja seized (15.928 kg) from the joint possession of the applicants is less than the 20 kg threshold required to be classified as a "commercial quantity"

Because the quantity is "intermediate," the restrictive bail provisions of Section 37 of the NDPS Act do not apply.

Given that the applicants have no prior criminal record, have been in jail since April 2026, and the charge-sheet has already been filed, the court determined that the further detention of the applicants was unnecessary as the trial would likely take a considerable amount of time

The High Court allowed the bail application and ordered the release of both applicants on personal bonds with two sureties each... The release is subject to strict conditions, including mandatory appearance at trial stages under Section 351 of the BNSS and a prohibition against seeking unnecessary adjournments