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

The applicant was arrested on September 4, 2025, in connection with Crime No. 269/2025 at Police Station Sarsiwa

According to the prosecution, on September 3, 2025, the applicant and a co-accused were caught transporting 13 kg 330 grams of Ganja in eight packets on a scooty near Gram Bhinoda

Following the investigation, a charge-sheet was filed for offences under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail

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

The court applied Section 20(B) of the NDPS Act, 1985, which penalizes the production, manufacture, possession, sale, purchase, and transport of cannabis

Section 37 of the NDPS Act, which stipulates stringent conditions for bail in cases involving "commercial quantities" (defined as over 20 kg for Ganja in the Schedule)

The application was governed by Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail

The Court observed that the total quantity of Ganja seized from the joint possession of the applicant and the co-accused was 13 kg 330 grams.

Since this amount is less than the 20 kg threshold for a "commercial quantity," the Court held that the rigorous bail restrictions under Section 37 of the NDPS Act do not apply

The Court took note of the fact that the charge-sheet had already been filed, the applicant had no criminal antecedents in the State of Madhya Pradesh, and he had been in custody since September 4, 2025

Given that the trial was expected to take considerable time, the Court found the applicant eligible for release

The Court allowed the bail application and ordered the release of the applicant on personal bond with two local sureties

The release is subject to conditions, including non-seeking of adjournments, mandatory presence during trial stages (citing Section 269 and 351 of BNSS), and trial consequences for absconding under Section 84 and 209 of the Bharatiya Nyaya Sanhita (BNS)