Grant of bail for intermediate quantity of contraband where no criminal antecedents exist and trial is pending.

The applicant was arrested on 31.10.2025 following a police raid by G.R.P. Raipur based on secret information.

The police seized 5.100 kg of contraband ganja from an open place near a railway platform.

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

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he was falsely implicated and has been in custody since the date of arrest.

1. Whether the applicant is entitled to regular bail considering the quantity of contraband seized and the lack of criminal antecedents.

The court primarily applied Section 20(b)(ii)(B) of the NDPS Act, which pertains to the possession of an "intermediate quantity" of cannabis.

It significantly noted that the rigors of Section 37 of the NDPS Act—which impose stricter conditions for bail—do not apply in this instance because the quantity seized (5.100 kg) is less than the 20 kg threshold defined as "commercial quantity" in the Schedule.

Procedurally, the application was governed by Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC).

The Court observed that the 5.100 kg of ganja recovered from the applicant constitutes an intermediate quantity, thereby excluding the stringent bail requirements of the NDPS Act intended for commercial quantities.

The Court took into account that the investigation was complete and the charge-sheet had already been filed.

Furthermore, the State’s counsel conceded that the applicant had no prior criminal record in the State of Madhya Pradesh.

Considering the applicant's duration of incarceration since 31.10.2025 and the likelihood that the trial would not conclude in the near future, the Court determined that continued detention was unnecessary.

The applicant was ordered to be released on regular bail upon furnishing a personal bond with two local sureties, subject to specific conditions: (i) no seeking of unnecessary adjournments, (ii) mandatory presence at trial dates, (iii) specific penalties for misuse of liberty under the Bharatiya Nyaya Sanhita (BNS), and (iv) personal presence for framing of charges and recording of statements.

The Court directed immediate compliance and notification to the trial court.