Bail Granted for Possession of Non-Commercial Quantity Ganja in Absence of Criminal Antecedents

The applicant, Siddhant Barman, was arrested on January 16, 2026, following a police raid conducted by P.S. Garha at Badda Dada ground.

Police intercepted three individuals—Ravikant Jatav, Siddhant Barman, and Vanshika—allegedly carrying shoulder bags containing narcotic contraband (ganja).

Specifically, 5.089 kg of ganja was allegedly recovered from the applicant’s bag, contributing to a total seizure of 14.267 kg from the group.

The applicant was charged under Sections 8/20 of the NDPS Act and has been in judicial custody since his arrest.

The applicant represents that he is 21 years old, has no criminal antecedents, and was falsely implicated.

A co-accused, Vanshika, has already been granted bail.

1. Whether the applicant is entitled to the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the facts and circumstances of the seizure.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the CrPC) regarding the discretionary power of the High Court to grant bail.

Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which govern the prohibition and penalties related to the possession of cannabis.

The court examined the principle of parity, noting the bail granted to a co-accused, and the procedural requirements for search and seizure under the NDPS Act.

The court observed that while the total quantity seized from the three individuals was 14.267 kg, the individual recovery from the applicant was 5.089 kg.

It noted the applicant’s contention that the bag did not belong to him and that search and seizure procedures were not properly followed, stating these are matters for trial.

The court emphasized that the applicant is a 21-year-old with no prior criminal record ("clean past") and is currently employed in a private job.

Given his socio-economic status and the fact that the investigation is complete with a final report filed, the court found no immediate risk of the applicant fleeing justice, tampering with evidence, or repeating the offence.

The court also noted that the trial is likely to consume significant time, making continued incarceration unnecessary.

The court allowed the application and directed that the applicant be released on bail upon furnishing a personal bond of Rs. 25,000/- with one surety of the same amount.

The grant of bail is subject to conditions including regular court attendance, prohibition from committing similar offences, and non-interference with witnesses or evidence.