Financial links to co-accused and commercial quantity of contraband preclude bail under NDPS Act.

The applicant filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) following his arrest in connection with Crime No. 137/2025 for alleged offenses under Sections 20(B)(ii)(C) and 29 of the NDPS Act.

On July 20, 2025, police intercepted a bus and recovered 92 kilograms of Ganja from four passengers.

The applicant’s name surfaced through memorandum statements of the co-accused, leading to his arrest on July 30, 2025.

The applicant contended he was a mere auto-rickshaw driver with no knowledge of the contraband, asserting he was only transporting passengers in the ordinary course of business.

However, the prosecution presented a personal affidavit from the Investigating Officer alleging that the applicant was paid to transport the co-accused and the contraband from Odisha, supported by bank records showing a transfer of ₹3,000 from a co-accused, Bablu Gupta, to the applicant's account.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS in light of the recovery of a commercial quantity of contraband and evidence of his involvement.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (provisions for regular bail).

Sections 20(B)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which pertain to the possession and transport of commercial quantities of Ganja and criminal conspiracy.

the stringent standards for bail in cases involving "commercial quantities" of narcotics, where the burden often shifts to the accused to show a lack of involvement.

The Court evaluated the gravity of the offense, noting that the seized 92 kilograms of Ganja significantly exceeded the "commercial quantity" threshold.

While the applicant argued he lacked mens rea and was merely a driver, the Court found the Investigating Officer's affidavit compelling.

Specifically, the material collected under Section 193(9) of the BNSS revealed a financial nexus between the applicant and the co-accused, Bablu Gupta.

The evidence of a ₹3,000 bank transfer directly linked the applicant to the drug trafficking operation, contradicting his claim of being an incidental participant.

Consequently, the Court determined that the established connection to the co-accused and the sheer volume of the contraband precluded the grant of bail at this stage.

The Court granted the trial court liberty to proceed and conclude the trial expeditiously and directed that a copy of the order be sent to the trial court for compliance.