Commercial quantity NDPS recovery precludes bail notwithstanding hostile witnesses or duration of incarceration.

The applicant filed his first regular bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest on May 26, 2024.

The prosecution alleged that based on secret information, the police intercepted the applicant and co-accused in Farasgaon, discovering 110.570 kilograms of Ganja being illegally transported in a vehicle.

The applicant was charged under Section 20(B) of the NDPS Act.

The applicant contended that the recovery was planted, statutory safeguards were violated, and the trial was progressing slowly, with only 4 out of 17 witnesses examined.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS in light of the recovery of a commercial quantity of contraband.

2. Whether the prolonged custody and the hostility of certain seizure witnesses constitute sufficient grounds for bail under the NDPS Act.

Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which imposes strict sentencing and bail considerations for offenses involving commercial quantities of contraband.

The procedural power for bail was exercised under Section 483 of the BNSS.

To address trial delays, the court invoked Section 346 of the BNSS (corresponding to Section 309 of the Cr.P.C.), which mandates that proceedings be held on a day-to-day basis when witnesses are in attendance.

The court observed that the quantity of Ganja recovered (110.570 kg) was significantly higher than the prescribed commercial quantity, which triggers a higher threshold for granting bail.

The court rejected the applicant's argument that the hostility of four witnesses or the duration of his detention (since May 2024) entitled him to relief, stating that these factors do not "demolish the prosecution case" at this preliminary stage.

The court prioritized the gravity of the offense over the applicant's claims of procedural violations and trial delay, concluding that the grounds raised were insufficient to overcome the statutory rigors against bail in commercial quantity cases.

The court directed the trial court to conclude the trial on a day-to-day basis within four months.

The court further directed the Director General of Police, Chhattisgarh, to ensure the presence of all prosecution witnesses, warning that salaries of police personnel would be stopped if their non-appearance caused further delays.