Commercial-quantity recovery and prima facie trafficking material failed to satisfy Section 37 NDPS Act bail conditions.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 600/2025 registered at Police Station Tikrapara, Raipur, for offences under Sections 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

On 3 August 2025, police conducted a raid based on secret information regarding the sale and purchase of heroin/chitta. The police allegedly seized 10.23 grams from co-accused Suvit Shrivastava and 402.64 grams from co-accused Lovjeet Singh, totalling 412.87 grams, a quantity above the commercial quantity threshold.

During investigation, the applicant’s memorandum statement allegedly disclosed that he had purchased approximately 15–20 grams of chitta from co-accused Ashwan Chandravanshi for approximately ₹95,000 through online payments made using a PhonePe account linked to his mother’s bank account, and that he resold the contraband for monetary gain.

The applicant contended that he was not named in the FIR, no contraband was recovered from his possession, and there was no reliable money trail or call-detail evidence connecting him with the alleged offence. The charge-sheet had been filed, and he had remained in custody since 11 August 2025.

The State opposed bail, relying on the commercial quantity involved, the material collected during investigation, and the rejection of bail applications of three co-accused persons, including Shishir Rai.

1. Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Sections 21(C) and 29 of the NDPS Act.

2. Whether the rigours of Section 37 of the NDPS Act were attracted on account of the recovery of commercial quantity from co-accused persons and the material allegedly indicating the applicant’s participation in the purchase and sale of contraband.

3. Whether the absence of recovery from the applicant, his non-mention in the FIR, filing of the charge-sheet, and period of custody justified the grant of bail despite Section 37 of the NDPS Act.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.

It applied Sections 21(C) and 29 of the NDPS Act, relating to punishment for possession, sale or other dealings in narcotic drugs involving commercial quantity and abetment or criminal conspiracy, respectively.

Most importantly, Section 37 of the NDPS Act was applied, under which bail in cases involving commercial quantity is subject to the twin conditions that the Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty and that he is unlikely to commit an offence while on bail.

The Court held that the recovery of 412.87 grams of alleged chitta/heroin from the co-accused constituted commercial quantity, thereby attracting the stringent requirements of Section 37 of the NDPS Act.

The Court found prima facie material indicating the applicant’s alleged involvement in an organised trafficking network, including his memorandum statement regarding the purchase of 15–20 grams of chitta for approximately ₹95,000 through an online payment mechanism and the subsequent sale of the contraband for profit.

Although no contraband was recovered from the applicant and his name did not appear in the FIR, the Court held that these circumstances, by themselves, were insufficient to overcome the statutory bar under Section 37 when considered against the investigation material.

The filing of the charge-sheet and the period of custody were also held insufficient in the circumstances of the case. The Court further considered the rejection of bail applications filed by co-accused persons, including Shishir Rai, as a relevant circumstance against the applicant.

The absence of recovery from his personal possession, his omission from the FIR, the filing of the charge-sheet, and the period of custody did not justify release on bail.

Accordingly, the applicant’s first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was rejected.