Bail granted for possession of non-commercial quantity of Ganja considering lack of relevant criminal antecedents.

On October 15, 2025, the applicants were involved in a motorcycle accident near the Khamharpali RTO Check Post.

Police found two "pitthu" bags near the motorcycle (Reg. No. CG 10 N 0436) containing 6.500 kg of Ganja each, totaling 13.000 kg.

Both applicants were injured and treated at CHC Saraipali before being interrogated; applicant Vishu Vazwa allegedly admitted ownership in a memorandum statement.

The applicants were arrested on October 15 and 17, 2025, for offences under the NDPS Act and BNS.

Defense counsel argued the contraband was recovered from an open area, not conscious possession, and that applicant Yasmin was implicated solely on a memorandum statement while caring for an infant.

1. Whether the applicants are entitled to regular bail under Section 483 of the BNSS considering the quantity of contraband seized and their criminal antecedents.

2. Whether the rigors of Section 37 of the NDPS Act apply to the seizure of 13.000 kg of Ganja.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the grant of regular bail.

Substantively, it considered Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Sections 125(a) and 281 of the Bharatiya Nyaya Sanhita (BNS).

Crucially, the Court referenced the statutory thresholds for "commercial quantity" under the NDPS Act Schedule, noting that for Ganja, the commercial quantity is 20 kg, thereby determining whether the restrictive bail conditions of Section 37 of the NDPS Act were triggered.

The Court observed that the 13.000 kg of Ganja seized from the joint possession of the applicants is less than the 20 kg threshold defined as "commercial quantity" in the NDPS Act Schedule.

Consequently, the stringent "reasonable grounds" requirement for bail under Section 37 of the NDPS Act did not apply.

The Court noted that the investigation was substantially complete and the charge-sheet had been filed.

Regarding antecedents, Yasmin had no prior record, and while Vishu Vazwa had one prior BNS case from 2025, neither had previous NDPS convictions.

The Court placed significant weight on the length of pretrial detention (since mid-October 2025) and the humanitarian fact that applicant Yasmin has an infant child.

The bail applications were allowed.

The applicants were ordered to be released on a personal bond with two sureties each, subject to conditions including: mandatory attendance at all trial proceedings, a prohibition on seeking unnecessary adjournments, and a requirement to file an undertaking against abusing the liberty of bail.