Bail granted where lack of direct incriminating evidence and independent witnesses fails to satisfy prima facie guilt.

The applicant, Deepak Thakur, was arrested on 19.11.2025 following a police interception on 29.12.2025 near a National Highway based on secret information regarding the transport of psychotropic drugs.

The prosecution alleged that the applicant, a wholesale trader, conspired with co-accused Ripul Chauhan and forged an experience certificate to obtain a drug license.

The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing he was a licensed businessman (Santosh Pharma), no recovery was made from his "conscious possession," and mandatory NDPS search procedures were bypassed.

1. Whether the applicant is entitled to bail under Section 483 of the BNSS considering the rigours of Section 37 of the NDPS Act and the alleged recovery of commercial quantities of contraband.

2. Whether there exists sufficient direct or corroborative evidence to establish the applicant’s complicity in the alleged conspiracy and forgery.

The court primarily applied Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which imposes stringent conditions for bail involving commercial quantities.

The court referenced the procedural safeguards under Sections 42 (power of entry/search) and 50 (conditions of personal search) of the NDPS Act.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC).

The court relied on the established criminal jurisprudence that a meticulous appreciation of evidence is not permissible at the bail stage and that pre-trial incarceration should not amount to punishment.

The court observed that while the State alleged the applicant facilitated illegal trafficking through forged documents, the prosecution's case rested largely on "mere assumption and doubt".

The court noted that no contraband or incriminating material was recovered from the applicant’s conscious possession.

Despite the high-traffic location of the seizure (National Highway), the investigating agency failed to associate independent public witnesses, creating doubt regarding the State's narrative.

The court highlighted the lack of direct evidentiary material linking the applicant to the specific cartons seized.

It found that since the investigation was substantially complete and the applicant had been in custody since November 2025, continued incarceration was unjustified.

The court also acknowledged the applicant's legitimate status as a licensed pharmaceutical businessman and the principle of parity, as he had secured bail in related FIRs.

The Court allowed the bail application, directing that Deepak Thakur be released upon furnishing a personal bond and two reliable sureties to the satisfaction of the trial court.