Grant of bail for intermediate quantity of contraband where applicant has no criminal antecedents.

The applicant was arrested on 29.01.2026 after police intercepted a motorcycle following a secret tip regarding the transport of contraband from Odisha.

A bag situated between two riders was found to contain 10 kilograms of Ganja.

The applicant was charged under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The applicant moved the High Court for regular bail, arguing that the recovery was of an "intermediate quantity," he had no criminal antecedents, and he had been in custody since the date of the incident.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the quantity of contraband seized and the lack of criminal history.

Section 20(b) of the NDPS Act, 1985, which penalizes the possession and transport of cannabis.

Section 37 of the NDPS Act, noting that its stringent rigours for denying bail do not strictly apply to "intermediate quantities" (quantities falling between 'small' and 'commercial').

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

The Court observed that the 10 kilograms of Ganja seized constitutes an "intermediate quantity," meaning the statutory bars to bail under Section 37 of the NDPS Act are not attracted.

The Court evaluated the applicant's profile, noting a lack of prior criminal records and the fact that he had already been in judicial custody for nearly three months (since 29.01.2026).

Since the investigation was complete and the trial was expected to take a considerable amount of time, the Court reasoned that continued custodial detention was unnecessary to serve the ends of justice.

The applicant was ordered to be released upon furnishing a personal bond with two local sureties, subject to several conditions: he must not seek unnecessary adjournments, must appear at all trial stages (charges, evidence, and Section 351 BNSS statements), and must comply with procedures under Section 269 and 209 of the Bharatiya Nyaya Sanhita (BNS) in case of default or non-appearance.