Bail granted for recovery of intermediate quantity of Ganja where rigors of Section 37 NDPS Act do not apply.

The applicant, Rajkumar Dey, was arrested on 17.10.2025 following a police raid based on secret information received by the Narayanpur Police Station.

The police allegedly seized 5.250 Kgs. of Ganja from his possession, leading to the registration of Crime No. 86/2025.

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail.

The prosecution opposed the bail, citing six criminal antecedents of the applicant and the recovery of the contraband.

Whether the applicant is entitled to regular bail considering the quantity of contraband seized and the duration of his pretrial detention.

The court primarily applied Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which penalizes the possession of cannabis.

It further considered Section 37 of the NDPS Act, which imposes stringent bail conditions for commercial quantities; however, the court noted that the threshold for a "commercial quantity" of ganja is above 20 kgs.

Procedurally, the application was moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding bail during the trial.

The court reasoned that the quantity of Ganja seized—5.250 Kgs.—is significantly less than the 20 Kgs. threshold required to be classified as a "commercial quantity" under the NDPS Act.

Consequently, the rigorous "twin conditions" for bail under Section 37 of the NDPS Act were not attracted.

The court further observed that the charge-sheet had already been filed and the applicant had been in custody since 17.10.2025.

While the State pointed to six criminal antecedents, the court accepted that these had been addressed in an additional affidavit.

Given that the trial was expected to take considerable time, the court determined that continued incarceration was not warranted.

The applicant was ordered to be released on a personal bond with two sureties, subject to specific conditions: he must not seek unnecessary adjournments, must appear personally for framing of charges and recording of statements under Section 351 of BNSS, and must comply with trial proceedings under threat of action under Section 269 of the Bharatiya Nyaya Sanhita (BNS).