Bail Granted for Possession of Intermediate Quantity Contraband Absent Criminal Antecedents and Direct Evidence of Conscious Possession

The applicant was arrested on February 5, 2026, following a police raid near Mahakal Tea Stall, Rajnandgaon, based on secret information regarding illegal narcotic sales

The police apprehended seven individuals, including the applicant, and allegedly recovered 450 Alprazolam tablets (48.6 grams). Specifically, 30 tablets were recovered from the applicant

The applicant filed his first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for the offence under Section 21(B) of the NDPS Act, contending false implication, non-compliance with search procedures, and that the seized quantity was below commercial limits

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

2. Whether the rigours of Section 37 of the NDPS Act apply to the present case involving "intermediate quantity"

Section 21(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which penalizes possession of intermediate quantities of manufactured drugs

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

The principle that Section 37 of the NDPS Act (strict conditions for bail) is not strictly attracted when the recovered quantity is less than commercial

Procedural requirements for securing the accused's presence during trial under Sections 209, 269, 351, and 84 of the BNSS

The court observed that the 48.6 grams of Alprazolam recovered (specifically the 30 tablets from the applicant) constitutes an "intermediate quantity" rather than a commercial quantity

Consequently, the stringent "dual conditions" for bail under Section 37 of the NDPS Act did not strictly apply

The court noted that the investigation was complete and the charge-sheet had already been filed, negating the need for further custodial interrogation

The court placed significant weight on the fact that the applicant, a 22-year-old with no prior criminal antecedents, had been in judicial custody since February 5, 2026. Considering the likely duration of the trial, the court determined that continued incarceration was unnecessary

The High Court allowed the bail application, granting regular bail to the applicant. The release was conditioned upon a personal bond with two sureties and strict undertakings to attend all trial proceedings and not seek unnecessary adjournments