Grant of bail for intermediate quantity as rigors of Section 37 NDPS Act are not attracted.

The applicant, Seema Sisodiya, was arrested on February 16, 2026, in connection with Crime No. 101/2026 at Police Station Sipat

Following a secret tip-off, police seized 1.750 kgs of Ganja (cannabis) allegedly from the applicant's possession

The applicant filed her first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), contending false implication, non-compliance with the procedural mandates of Section 42 of the NDPS Act, and pointing out that the quantity seized was significantly below the commercial threshold

The State opposed the bail, citing the recovery of the contraband, but acknowledged that the charge-sheet had been filed and the applicant had no prior criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS given that the seized quantity of Ganja is categorized as an "intermediate quantity" under the NDPS Act.

Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which penalizes the possession of cannabis

Section 37 of the NDPS Act, which imposes rigorous conditions for bail only in cases involving "commercial quantities" (defined as more than 20 kgs for Ganja)

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), relating to the power of the High Court to grant bail

Sections 84, 209, 269, and 351 of the BNSS regarding court appearances and consequences of default

The court reasoned that since the amount of Ganja seized (1.750 kgs) was substantially less than the commercial quantity of 20 kgs, the strict "rigors" or prohibitive conditions of Section 37 of the NDPS Act did not apply to this case

The court placed significant weight on the fact that the applicant had no criminal antecedents and had been in custody since February 16, 2026

the court noted that the investigation was effectively complete as the charge-sheet had already been filed before the competent court

Given these circumstances, and considering that the trial was likely to take a long time, the court determined that continued incarceration was not warranted

The Court allowed the bail application and ordered the release of the applicant on a personal bond with two sureties

The relief was granted subject to specific conditions, including an undertaking not to seek unnecessary adjournments, mandatory appearance at all trial stages, and warnings regarding proceedings under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) in case of default or misuse of liberty