Grant of bail for intermediate quantity of Ganja where statutory rigors of Section 37 NDPS Act are not attracted.

The applicant was arrested on September 4, 2025, in connection with Crime No. 269/2025 at Police Station Sarsiwa

The prosecution alleged that on September 3, 2025, the applicant and a co-accused were caught transporting 8 packets of Ganja, weighing a total of 13.330 kg, on a scooter near Gram Bhinoda

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail following the filing of the charge-sheet

1. Whether the applicant is entitled to regular bail considering the quantity of the seized contraband and the duration of his pretrial detention.

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

Section 37 of the NDPS Act, which provides rigorous conditions for bail in cases involving "commercial quantities" (defined as more than 20 kg for Ganja in the relevant schedule)

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Penal consequences of bail default under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS)

The Court observed that the total quantity of Ganja seized (13.330 kg) was less than the 20 kg threshold required to be classified as a "commercial quantity" under the NDPS Act

Consequently, the strict rigors of Section 37 of the NDPS Act, which would otherwise restrict the grant of bail, were not applicable

The Court noted that the charge-sheet had already been filed, the applicant had been in custody since September 4, 2025, and there were no reported criminal antecedents against him in the State of Madhya Pradesh

Given that the trial's conclusion would likely take significant time, the Court reasoned that the applicant's continued detention was not warranted

The Court allowed the bail application and ordered the release of Hari Singh Vishwakarma on a personal bond with two local sureties ... subject to strict conditions, including a prohibition on seeking unnecessary adjournments, mandatory attendance at trial dates, and an undertaking that any violation of bail conditions would be treated as an abuse of liberty