Chhattisgarh HC Grants Bail To Odisha Man, Finding Co-Accused’s Statement Was The Only Link To 28.621-Kg Ganja Seizure

In brief

The question

Whether the applicant should be granted regular bail under Section 483 of the BNSS where the contraband was recovered from a co-accused and the applicant was implicated principally through that co-accused’s memorandum statement.

The court held

The Court allowed the bail application and directed that the applicant be released on executing a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.

It also directed

Bail was subject to conditions against influencing persons acquainted with the case, prejudicing a fair and expeditious trial, and failing to appear on each date fixed by the trial Court.

The Court clarified that its observations were confined to the bail application and that the trial Court must decide the case on its own merits.

01Facts

On 3 March 2026, police seized 28.621 kg of ganja from co-accused Avinash Agrahari.

¶ 1

In a memorandum statement, Agrahari allegedly identified the applicant, a resident of Odisha, as the source of the contraband.

¶ 1–4

The applicant was arrested and charged under Section 20(c) of the NDPS Act.

¶ 1–4

He sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that the recovery was from the co-accused, the charge-sheet had been filed, he had no criminal antecedents, and trial would take time.

¶ 1–4

The State opposed bail, relying on the quantity seized and the restrictions under Section 37 of the NDPS Act.

¶ 1–4

02Issues

i.Whether the applicant should be granted regular bail under Section 483 of the BNSS where the contraband was recovered from a co-accused and the applicant was implicated principally through that co-accused’s memorandum statement.

¶ 3, 6

ii.Whether the circumstances—including the commercial quantity alleged, completion of the investigation, absence of criminal antecedents, and likely delay in trial—warranted release on bail despite the State’s reliance on Section 37 of the NDPS Act.

¶ 4, 6

03Law Applied

Section 483 of the BNSS, 2023, provides the basis for the High Court’s consideration of regular bail.

¶ 1

The State invoked Section 37 of the NDPS Act, which imposes restrictions on bail in cases involving specified offences and commercial quantities.

¶ 4

The Court’s stated considerations were the circumstances of the recovery and the material connecting the applicant to the offence, together with the filing of the charge-sheet, the applicant’s lack of criminal antecedents, custody, and the likely time required to conclude the trial.

¶ 6

The order does not set out a separate analysis of Section 37’s statutory conditions or cite any precedent.

¶ 6

Provisions in the judgment · 3 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20 Section 37

04Reasoning

The Court noted that the ganja had been recovered from the co-accused’s exclusive possession and that, apart from the co-accused’s memorandum statement, there was no material connecting the applicant to the offence.

¶ 6

It also considered that the charge-sheet had been filed, the applicant had no criminal antecedents, and trial was likely to take time.

¶ 6

On those combined circumstances, the Court found it appropriate to grant bail, without commenting on the merits of the case.

¶ 6

05Holding

The Court allowed the bail application and directed that the applicant be released on executing a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.

¶ 6–8

Bail was subject to conditions against influencing persons acquainted with the case, prejudicing a fair and expeditious trial, and failing to appear on each date fixed by the trial Court.

¶ 6–8

The Court clarified that its observations were confined to the bail application and that the trial Court must decide the case on its own merits.

¶ 6–8

LawLens.Chhattisgarh High Court

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