Bail granted for intermediate quantity of Ganja where no criminal antecedents and trial delay exist.

The applicant was arrested on 08.01.2026 after police intercepted a vehicle (TVSXL Super No. CG 10 NA 8747) near the Birnipali barrier following a tip-off regarding the illegal transport of Ganja from Odisha

A search of the vehicle yielded seven packets of Ganja weighing 06 KG 580 Grams

The applicant was charged under Section 20(B) of the NDPS Act and has been in custody since the date of the incident

The applicant sought regular bail, contending that the quantity seized was "intermediate" and that the investigation (charge-sheet) was complete

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the quantity of contraband seized and the status of the trial

Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which penalizes the production, manufacture, possession, or transport of cannabis.

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)

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant bail

The Court observed that the total quantity of Ganja seized (06 KG 580 Grams) falls below the threshold of 20 KG required to qualify as a "commercial quantity"

Consequently, the rigorous "twin conditions" for bail under Section 37 of the NDPS Act—which require the court to be satisfied that the accused is not guilty and unlikely to commit further offenses—were not attracted

The Court further noted that the charge-sheet had already been filed, the applicant had no prior criminal antecedents, and he had been incarcerated for over three months (since 08.01.2026)

Given that the trial was expected to take considerable time, the Court found no justification for continued pretrial detention

The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties, subject to specific conditions [including] strict compliance with Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS to prevent the abuse of liberty