Bail granted for intermediate quantity of Ganja where rigors of Section 37 NDPS Act are not attracted.

The applicant was arrested on 08.01.2026 after police at Khamtarai, District Raipur, acting on secret information, seized 5.133 Kgs of Ganja from his possession.

An FIR (Crime No. 16/2026) was registered under Section 20(B) of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985.

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication and noting that the investigation is complete with the charge-sheet already filed.

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, regarding the possession of cannabis.

It invoked Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC) regarding the High Court's power to grant bail.

The Court also considered the application of Section 37 of the NDPS Act, which provides rigorous conditions for bail in cases involving "commercial quantities"; under the NDPS Schedule, the commercial quantity for Ganja is defined as being in excess of 20 Kgs.

Procedural compliance was governed by Sections 269, 84, 209, and 351 of the BNSS.

The Court observed that the amount of Ganja recovered (5.133 Kgs) constitutes an "intermediate quantity," as it falls below the 20 Kg threshold for "commercial quantity" defined in the NDPS Act schedule.

Consequently, the stringent "rigors of Section 37," which create a high threshold against granting bail, were found not to be applicable in this instance.

The Court further reasoned that since the charge-sheet has already been filed, the applicant has no prior criminal antecedents, and has been in custody since January 2026, the continued pretrial detention was unnecessary, especially as the trial's conclusion was likely to take significant time.

The Court allowed the bail application and ordered the release of Baidehi Kumar upon furnishing a personal bond with two local sureties, subject to conditions including: mandatory attendance at all trial dates, no seeking of adjournments during evidence, and strict compliance with summons under Section 269 of the BNSS to avoid proceedings under Section 209 of the Bharatiya Nyaya Sanhita.