Grant of bail for intermediate quantity of Ganja where BNSS and NDPS procedural compliance is met.

The applicant, Prafull Kumar Sahu, was arrested on 14.01.2026 in connection with Crime No. 12/2026 at P.S. Fingeshwar.

According to the prosecution, the applicant and a co-accused were found in a car containing 19.423 kg of Ganja, which was seized from their joint possession.

The applicant filed this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication, non-compliance with search procedures under Section 42 of the NDPS Act, and the fact that the seized quantity was less than the 20 kg threshold for "commercial quantity".

The State opposed the bail, noting the applicant had two prior criminal antecedents under the Excise Act in Odisha.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the nature of the seized contraband and his criminal history.

Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, regarding the possession of contraband.

Section 37 of the NDPS Act, which sets stringent bail conditions for "commercial quantities" (defined as more than 20 kg for Ganja), noting that for intermediate quantities, such rigors are not strictly applicable.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for the grant of regular bail, and Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) regarding trial conduct and penalties for non-appearance.

The Court observed that the seized amount of 19.423 kg of Ganja falls below the 20 kg threshold required to be classified as a "commercial quantity". Consequently, the strict limitations against bail under Section 37 of the NDPS Act were not triggered.

The Court reasoned that although the applicant had prior records under the Excise Act, he had no criminal antecedents specifically under the NDPS Act.

Furthermore, as the charge-sheet had already been filed and the applicant had been in custody since January 2026, the Court concluded that the prolonged nature of the trial justified his release on bail, provided strict conditions were met to ensure his participation in the legal process.

The Court allowed the application and granted regular bail to Prafull Kumar Sahu. The applicant was ordered to be released on a personal bond with two local sureties, subject to conditions including: mandatory presence at all trial dates, no seeking of adjournments when witnesses are present, and potential proceedings under Sections 209 and 269 of the BNS for non-compliance or abuse of liberty.