Grant of bail for non-commercial quantity of MDMA where prosecution witnesses turned hostile and no criminal antecedents existed.

The applicant was intercepted by the police on September 15, 2025, based on secret information.

A personal search resulted in the recovery of 40.5 grams of MD Drugs from his pant pocket.

Consequently, Crime No. 455/2025 was registered under Sections 8/22 and 29 of the NDPS Act at P.S. Agar Malwa.

The applicant has been in judicial custody since his arrest on September 15, 2025.

A previous bail application (M.Cr.C. No. 54454/2025) was dismissed as withdrawn on November 26, 2025.

The applicant moved this second bail application after the examination of material prosecution witnesses Ravi (PW.1) and Gajab Singh (PW.2).

Whether the applicant is entitled to regular bail under Section 483 of BNSS 2023, considering the nature of the contraband seized and the progress of the trial.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Cr.P.C.) regarding the grant of regular bail.

It further considered Sections 8, 22, and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The court also referenced Section 346 of the BNSS (corresponding to Section 309 of the Cr.P.C.) regarding the timely examination of witnesses.

The Court noted that while the contraband was allegedly recovered from the applicant's pocket, the quantity did not fall within the "commercial" category.

It observed that the applicant is a 20-year-old labourer with no reported criminal antecedents and has already undergone six months of incarceration.

The Court found that since the material independent seizure witnesses (PW.1 and PW.2) have already been examined, the risk of tampering with evidence or influencing witnesses is minimal.

Given the applicant's socio-economic status and the fact that the trial is expected to take significant time, the Court determined there was no "compelling reason" to continue his incarceration.

The Court clarified that the veracity of search and seizure procedures remains a matter for trial merits.

The bail is subject to conditions including: (i) regular appearance at hearings; (ii) refraining from committing similar offences; (iii) no tampering with evidence or threatening witnesses; and (iv) compliance with Section 346 of BNSS regarding witness examination.

The Court held that there was no likelihood of recidivism or fleeing from justice.