Commercial quantity and financial links to narcotics trade attract Section 37 rigours, precluding regular bail.

The applicant, Harsh Rathi, filed his first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, following his arrest on December 30, 2025, in connection with Crime No. 183/2025.

The prosecution alleged that during a police raid on August 21, 2025, several co-accused were found in possession of heroin (chitta), totaling 271.67 grams—a commercial quantity.

The applicant was implicated through a memorandum statement by co-accused Manmohan Singh @ Jaggu, who alleged the applicant invested money in the narcotics trade and was given a pistol.

While the applicant admitted to online monetary transactions with the co-accused, he claimed these were for marriage-related expenses and denied any involvement in drug trafficking or possession of firearms.

The applicant sought bail on grounds of parity with co-accused Jaspreet Kaur and the absence of physical recovery from his person.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS in light of the stringent provisions of Section 37 of the NDPS Act concerning commercial quantities of contraband.

2. Whether the applicant can claim parity with co-accused Jaspreet Kaur @ Bobby, who was previously granted bail.

3. Whether the defense of "marriage expenses" for financial transactions is sufficient to rebut the prosecution's allegations of financing illicit traffic under Section 27A of the NDPS Act.

The court primarily applied Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which mandates that bail for offenses involving commercial quantities can only be granted if the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit further offenses.

The court also considered Sections 21(B), 21(C), 29, and 27A of the NDPS Act regarding possession, financing, and conspiracy in the narcotics trade.

Additionally, it referenced Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.

the principle that criminal antecedents and the specific role of the accused are critical factors in bail adjudication.

The court reasoned that since the total contraband seized was 271.67 grams of heroin, it constituted a commercial quantity, thereby attracting the statutory rigors of Section 37 of the NDPS Act.

The court rejected the applicant’s plea for parity with co-accused Jaspreet Kaur, noting her role was distinct as she was the wife of the main accused whose account was allegedly misused, whereas the applicant was specifically named as a financier.

Regarding the applicant’s defense that bank transfers were for marriage expenses, the court found this "unsubstantiated and doubtful" because the counsel failed to produce a marriage card or any supporting documentation upon inquiry.

Furthermore, the court highlighted the applicant’s criminal propensity, noting four previous criminal antecedents, one of which remained unexplained.

The court concluded that the combination of financial involvement, the commercial quantity of the drugs, and the applicant's history of habitual offending outweighed the lack of physical recovery from his person.

It held that the applicant failed to overcome the threshold of Section 37 of the NDPS Act given the evidence of financial transactions linked to the narcotics trade and his criminal background.

The trial court was directed to proceed and conclude the trial expeditiously.