Grant of bail for intermediate quantity NDPS possession where applicant has no criminal antecedents and charge-sheet is filed.

The applicant, Rajji Kaur, was arrested on 02.01.2026 after a police raid at a rented house in Jamul, Durg, conducted based on secret information.

Police allegedly recovered 33.36 grams of heroin, 281.85 grams of poppy straw (doda), cash totaling Rs. 8,90,400/-, and three mobile phones from the premises occupied by the applicant and her son.

Consequently, FIR No. 03/2026 was registered under Sections 21(b), 27(a), and 8 of the NDPS Act.

The applicant filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication, procedural non-compliance with Section 42 of the NDPS Act, and lack of criminal antecedents.

Whether the applicant is entitled to the grant of regular bail considering the quantity of the seized narcotics and the duration of her incarceration?

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 regarding bail, and Sections 8, 21(b), and 27(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The court identified the "commercial quantity" thresholds for heroin (250 grams) and poppy straw/doda (1000 grams) as the primary benchmarks for evaluating the severity of the offense and the applicability of stringent bail conditions.

The court observed that the quantities seized—33.36 grams of heroin and 281 grams of doda—were significantly lower than the statutory commercial quantities of 250 grams and 1000 grams, respectively.

Since the seized amount falls under the "intermediate" category rather than commercial, the restrictive rigors for bail under the NDPS Act were not strictly applicable.

The court further factored in that the applicant has no prior criminal record, the charge-sheet has already been filed before the competent court, and the applicant has been in custody since 02.01.2026.

Given that the trial's conclusion is expected to take time, the court determined that further detention was unnecessary.

The holding clarified that the intermediate quantity of the narcotics and the filing of the charge-sheet warranted the exercise of discretion in favor of the applicant.

The release is subject to strict conditions, including a prohibition on seeking unnecessary adjournments, compulsory attendance on all trial dates, and penalties for misuse of liberty under Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS).