Facts
On 07.01.2026, acting on a tip-off, the police intercepted a motorcycle and seized 7.250 kg of Ganja from the possession of the applicants
Source reference: para. 3An offense was registered under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985
Source reference: para. 3The applicants were arrested on 07.01.2026 and 09.02.2026
Source reference: para. 4The applicants moved the High Court for regular bail, contending false implication and noting that the investigation was complete with the charge-sheet already filed
Source reference: para. 4The State opposed bail, noting that while the quantity was below commercial limits, one applicant (Ramkumar Khande) had a previous criminal antecedent under Istagasa
Source reference: para. 5Issues
1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given that the seized contraband is below the commercial quantity
Source reference: para. 7Law Applied
The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail
Source reference: para. 2It also considered Section 20(B) of the NDPS Act, 1985, which penalizes the production, manufacture, possession, sale, purchase, transportation, or use of cannabis
Source reference: para. 2The court referenced procedural requirements for trial attendance and the consequences of misusing liberty under Sections 209, 269, 351, and 84 of the BNSS
Source reference: para. 8Reasoning
The Court analyzed the gravity of the offense in light of the quantity of the seized substance.
Source reference: para. 7It noted that the 7.250 kg of Ganja recovered is less than the "commercial quantity," which reduces the statutory rigors for bail
Source reference: para. 7The Court balanced the State's concern regarding the criminal antecedent of applicant Ramkumar Khande against the fact that the remaining applicants had no prior records
Source reference: para. 5, 7Furthermore, the Court observed that since the charge-sheet had been filed and the applicants had been in custody for over a month, their continued detention was not warranted provided they adhered to strict conditions to ensure their presence during the trial
Source reference: para. 7-8Holding
The Court allowed the bail applications and ordered the release of the applicants on furnishing a personal bond with two sureties each
The holding clarified that bail is appropriate when the seized quantity is non-commercial and the investigation is complete
Source reference: para. 7The relief was granted subject to specific conditions: the applicants must not seek adjournments when witnesses are present, must appear on all fixed dates, and must comply with trial procedures under the BNSS, failing which the trial court may treat it as an abuse of liberty
Source reference: para. 8Original Court PDF
SAHODRA DAHARIYAvsSTATE OF CHHATTISGARH
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