Bail granted to intermediate quantity NDPS accused based on parity and lack of recovery or antecedents.

The applicant filed a First Bail Application following her arrest on January 7, 2026, in connection with Crime No. 428/2025.

On September 5, 2025, police seized 11.100 kg of Ganja from a co-accused, Uttamdeep.

The prosecution alleged that the applicant telephonically directed another co-accused, Avinash, to collect the packages; however, no physical seizure was made from the applicant herself.

The applicant contended she was falsely implicated, pointed to the lack of criminal antecedents, and noted that the main co-accused was already granted bail.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the quantity of the seizure and the nature of the allegations.

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

It also considered Sections 20(b) and 27(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

A key principle applied was the distinction between "intermediate" and "commercial" quantities of narcotics, noting that 11.100 kg of Ganja falls below the commercial threshold.

The principle of parity regarding the prior bail order of the co-accused in MCRC No. 10221/2025.

The Court observed that the seized quantity of Ganja (11.100 kg) was less than the commercial quantity, which reduces the stringency of bail restrictions under the NDPS Act.

The Court highlighted that the prosecution’s case against the applicant relied on telephonic instructions rather than physical possession, as no contraband was recovered from her.

Furthermore, the Court noted that a co-accused had already been granted bail, the charge-sheet had been filed, the applicant had no prior criminal record, and the trial was expected to take a considerable amount of time.

These factors collectively outweighed the prosecution's opposition to the bail plea.

The holding was based on the non-commercial quantity of the contraband, the filing of the charge-sheet, and the absence of criminal antecedents.

The release was made subject to conditions, including an undertaking not to seek unnecessary adjournments and mandatory appearance under Section 269 of the Bharatiya Nyaya Sanhita (BNS).