Grant of Bail for Intermediate Quantity of Heroin Where Trial Conclusion is Likely to be Protractedly Delayed

The applicant was arrested on December 5, 2025, near Science College Ground, Raipur, after police acting on an informer’s tip intercepted a black Ranger vehicle

A search conducted under Section 50 of the NDPS Act led to the recovery of 13.03 grams of heroin from the applicant and a co-accused

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending that no recovery was made directly from his personal possession, the quantity seized was less than "commercial quantity," and that he had no prior criminal antecedents

The State opposed the bail, confirming the seized amount was 13.03 grams

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the nature of the recovery and the duration of pretrial detention

Sections 21(B), 25, and 27(A) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which categorize offenses based on the quantity of contraband seized (small, intermediate, or commercial)

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

Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS to stipulate conditions for the applicant's conduct post-release

The court evaluated the gravity of the offense by noting that the recovered 13.03 grams of heroin was less than the "commercial quantity" defined under Schedule 1 of the NDPS Act

Because the quantity did not trigger the stringent "commercial quantity" bail restrictions, the court focused on the procedural status: the investigation was complete, and the charge-sheet had already been filed

The court further observed that the applicant had been in custody since December 5, 2025, and acknowledged that the trial's conclusion would likely take significant time

Given the absence of criminal antecedents and the "intermediate" nature of the seized quantity, the court determined that continued detention was not warranted

The applicant was ordered to be released on a personal bond with two sureties, subject to several conditions: (i) he must not seek unnecessary adjournments; (ii) he must appear at all trial dates; and (iii) he must be present for the framing of charges and recording of statements

Failure to comply would allow the trial court to treat the default as an abuse of liberty and proceed under Section 209 or 269 of the BNS