Bail granted to NDPS applicants possessing intermediate quantity of Ganja with no prior criminal antecedents.

The applicants were arrested on July 3, 2025, in connection with Crime No. 724/2025 at Police Station Khamtarai.

Following a secret tip, a police raid resulted in the seizure of 6.320 kgs of contraband Ganja from Sufiyan Khan and 10.050 kgs from Santosh Padal, totaling 16.320 kgs.

The applicants sought regular bail, contending they were falsely implicated, that Section 42 of the NDPS Act was not followed, and that they had no prior criminal record.

The State opposed the bail, citing the quantity of the seized drugs.

Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for offences under the NDPS Act when the seized quantity is less than commercial quantity.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail.

It further relied on Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, distinguishing between "intermediate" and "commercial" quantities of contraband to determine the severity of the restriction on bail.

Additionally, procedural compliance under Sections 84, 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS was invoked regarding bail conditions and trial attendance.

The Court observed that the total amount of Ganja seized (16.320 kgs) falls below the threshold of "commercial quantity" defined under the NDPS Act.

Since the stringent "twin conditions" for bail typically applicable to commercial quantities did not apply, the Court evaluated the applicants' eligibility based on their lack of criminal antecedents and the duration of their incarceration since July 2025.

The Court noted that the charge-sheet had already been filed and that the trial was likely to be prolonged, weighing these factors in favor of the applicants' liberty over continued detention.

The applicants were ordered to be released upon furnishing a personal bond with two local sureties, subject to strict conditions: they must not seek unnecessary adjournments, must appear at every trial date, and must comply with procedural requirements under the BNS/BNSS to avoid revocation of bail.

The trial court was directed to treat any breach of these conditions as an abuse of liberty.