Bail granted for recovery of intermediate quantity of psychotropic substance considering filing of charge-sheet and prior disposal of criminal antecedents.

The applicants were arrested on 08.01.2026 in connection with Crime No. 11/2026 at Police Station Gobra-Navapara.

Following a secret police tip, 90.1 grams of Nitrazepam Tablet IP 10mg were seized from the joint possession of the applicants.

The prosecution alleged the commission of an offense under the NDPS Act, while the defense argued that the quantity seized was below the "commercial" threshold and that the applicants' prior criminal records (three for Ashish Nirmalkar and two for Arman Ahmad) had already been disposed of.

The applicants approached the High Court seeking regular bail after the charge-sheet had been filed.

1. Whether the applicants are entitled to regular bail under Section 483 of the BNSS, 2023, considering the quantity of the seized psychotropic substance and the progress of the trial.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

Section 21(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which penalizes the possession of "intermediate" quantities of psychotropic substances.

The procedural requirements of Section 269 (non-appearance), Section 84 (proclamation), and Section 209 (failure to appear after proclamation) of the Bharatiya Nyaya Sanhita (BNS).

The Court observed that the seized quantity of Nitrazepam (90.1 grams) was significantly less than the "commercial quantity" defined under the NDPS Act.

While the State raised concerns regarding the applicants' criminal antecedents, the Court noted that those previous cases had reached disposal.

As the investigation was complete and the charge-sheet had already been filed, the Court reasoned that further detention was unnecessary, especially since the trial was expected to take considerable time.

To mitigate the risk of absconding or trial delay, the Court determined that the applicants could be released subject to stringent conditions regarding court attendance and trial integrity.

The holding directed the release of Arman Ahmad and Ashish Nirmalkar upon furnishing a personal bond with two sureties, subject to specific conditions: they must not seek adjournments when witnesses are present, must appear on all trial dates (specifically for charges and Section 351 BNSS statements), and face proceedings under Sections 209 or 269 of the BNS in case of default.