Grant of bail allowed for intermediate quantity of contraband narcotics where applicant lacks significant criminal antecedents.

The applicant was arrested on 01.03.2026 following a police raid under the Lakhouli under-bridge based on secret information regarding the illegal sale of narcotics.

Police recovered 48 capsules of Proxyvon Plus NRX from the applicant’s possession; other co-accused individuals were found with Nitrosun-10 tablets and Spasmo Proxyvon Plus capsules.

Crime No. 133/2026 was registered at P.S. City Kotwali, Rajnandgaon, for offenses under Section 21(b) of the NDPS Act.

The applicant moved this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication, lack of independent witnesses, and non-compliance with Section 50 of the NDPS Act.

1. Whether the applicant is entitled to regular bail considering the quantity of contraband seized and his duration of incarceration.

2. Whether the stringent limitations of Section 37 of the NDPS Act apply to cases involving "intermediate quantity."

Section 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which penalizes the possession of intermediate quantities of manufactured drugs.

Section 37 of the NDPS Act, noting that its stringent "dual conditions" for bail are generally not attracted when the quantity seized is less than commercial.

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

Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) concerning penalties for non-appearance during trial.

The court observed that the 48 capsules recovered from the applicant constitute an "intermediate quantity," thereby exempting the case from the rigorous bail embargo under Section 37 of the NDPS Act.

Although the State opposed the bail citing one previous criminal antecedent under "Preventive Action" in 2023, the court noted that the charge-sheet has already been filed and the applicant has been in custody since 01.03.2026.

The court reasoned that since the investigation is complete and the trial is likely to consume significant time, continued pretrial detention was unnecessary.

Furthermore, the court took into account the applicant's status as a first-time offender regarding substantive offenses, as the prior antecedent was limited to preventive proceedings.

The court held that given the intermediate quantity and the filing of the charge-sheet, the applicant is entitled to liberty.

The applicant was ordered to be released on bail upon furnishing a personal bond with two search sureties, subject to conditions including mandatory attendance at all trial stages (charges, evidence, and statement under Section 351 BNSS) and a prohibition against seeking unnecessary adjournments.