Bail granted for possession of intermediate quantity of Ganja absent criminal antecedents and rigors of Section 37.

The Police Station Tilda Neora received secret information leading to the seizure of 10.629 Kgs of Ganja from the joint possession of three applicants: Hirendra Nishad, Rajesh Yadav, and Parmeshwar Sen.

The applicants were arrested on November 3, 2025, and charged under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Following the filing of the charge-sheet, the applicants moved the High Court for regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

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

Section 20(B) of the NDPS Act, 1985, regarding the possession of cannabis.

The statutory threshold for "commercial quantity" of Ganja, which is prescribed as more than 20 Kgs in the Schedule to the NDPS Act; quantities below this threshold do not attract the stringent bail rigors of Section 37 of the NDPS Act.

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

Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS).

The court evaluated the merits of the bail plea by weighing the recovered quantity against the statutory limits. It noted that the 10.629 Kgs of Ganja seized from the joint possession of the applicants is significantly less than the 20 Kg commercial threshold, thereby exempting the case from the restrictive mandates of Section 37 of the NDPS Act.

The court further observed that the investigation was complete as the charge-sheet had already been filed.

Additionally, the court factored in the applicants' lack of prior criminal history, their period of incarceration since November 2025, and the anticipated length of the trial in concluding that continued detention was unnecessary.

The High Court ordered the release of Hirendra Nishad, Rajesh Yadav, and Parmeshwar Sen upon furnishing personal bonds and two sureties each. The bail is subject to specific conditions, including an undertaking not to seek unnecessary adjournments and mandated presence during trial stages such as framing of charges and recording of statements under Section 351 of the BNSS.