Bail granted for possession of non-commercial quantity of contraband where trial delay and lack of antecedents exist.

The applicants (two sisters) were arrested on 19.06.2025 near Telghani Naka Chowk following a police tip.

The police seized 4.20 kg of Cannabis from applicant No. 1 and 4 kg from applicant No. 2.

The total quantity alleged against all four accused in the incident was approximately 23.110 kg.

The applicants have been in custody since their arrest, and the charge-sheet has since been filed.

Only one out of twelve prosecution witnesses has been examined to date.

Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) considering the quantity of contraband seized and the duration of their incarceration.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the power of the High Court to grant bail.

Substantively, the court considered Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The court relied on the legal distinction between "intermediate" and "commercial" quantities of contraband, noting that the specific amounts recovered from the individual applicants (4.20 kg and 4 kg) fell below the commercial threshold.

Furthermore, the court considered the procedural mandates of Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS regarding trial attendance and consequences of bail misuse.

The Court observed that the individual recovery from each applicant—4.20 kg from Nisha Bagga and 4 kg from Isha Bagga—was less than the commercial quantity defined under the NDPS Act.

The Court weighed the fact that the applicants had no prior criminal antecedents against the State’s opposition.

Reasoning that the charge-sheet had already been filed and the trial was progressing slowly (with only one of twelve witnesses examined), the Court determined that the trial was likely to take considerable time.

The Court concluded that the prolonged incarceration since June 19, 2025, combined with the non-commercial quantity of the seizure, justified the exercise of judicial discretion to grant bail.

The holding is predicated on the quantity of Ganja being less than commercial and the lack of criminal antecedents.

The release is subject to strict conditions: the applicants must not seek unnecessary adjournments.

Applicants must appear for all trial stages including charge framing and statement recording.

Applicants face proceedings under Sections 209 or 269 of the BNS if they abscond or misuse liberty.