Bail granted where seized contraband marginally exceeds small quantity and applicant lacks criminal antecedents.

On January 7, 2026, following a secret tip, police conducted a raid at Dulna Tiraha and apprehended the applicant, Puroshottam Sahu, along with a co-accused

A personal search allegedly led to the recovery of 5.68 grams of brown sugar

The applicant was arrested and charged under Section 21(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

The applicant moved this First Bail Application, noting that he had been in custody since the date of arrest and that the charge-sheet had already been filed

Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the quantity of the contraband seized and his lack of criminal antecedents

Section 21(B) of the NDPS Act, 1985, which penalizes the possession of intermediate quantities of manufactured drugs

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail

procedural provisions of the BNSS, specifically Sections 269, 84, 209, and 351, to impose conditions ensuring the applicant's presence during trial

The Court noted that the quantity of brown sugar seized (5.68 grams) was only marginally higher than the "small quantity" threshold (5 grams) and significantly lower than the "commercial quantity" threshold (250 grams) defined under the NDPS Act

The Court emphasized that the charge-sheet had already been filed, the applicant had no prior criminal history, and he had been incarcerated since January 7, 2026

Given that the trial was expected to take a considerable amount of time, the Court reasoned that continued detention was not warranted provided that stringent conditions were imposed to prevent the abuse of liberty

the applicant must not seek adjournments when witnesses are present; he must appear at every hearing or face proceedings under Section 269 of the BNSS; and he must be personally present for the opening of the case, framing of charges, and recording of his statement under Section 351 of the BNSS. Failure to comply with proclamation orders would trigger proceedings under Section 209 of the Bharatiya Nyaya Sanhita