Grant of bail for possession of 10.450 kg Ganja as quantity falls below commercial threshold.

The applicant, Harshit Saxena, was arrested on 05.01.2026 in connection with Crime No. 13/2026 at Police Station Basna

The prosecution alleged that following a raid based on classified information, the investigating officer seized 10.450 kilograms of Cannabis (Ganja) from the joint possession of the applicant and two co-accused

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending that he was falsely implicated, the charge-sheet had been filed, and the quantity seized was below the commercial threshold

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

it further applied the threshold for "commercial quantity" as prescribed in the NDPS Schedule, noting that for Ganja, the commercial quantity is more than 20 kgs; consequently, the rigors of Section 37 of the NDPS Act—which restrict bail for commercial quantities—do not apply to seizures below that limit

Procedurally, the application was moved under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The court observed that the total quantity of Ganja seized from the joint possession of the three accused was 10.450 kilograms

Since this amount falls significantly below the 20-kilogram threshold for commercial quantity, the stringent statutory bars against bail under Section 37 of the NDPS Act were not triggered

The court noted that the applicant had no prior criminal antecedents and had been in custody since January 2026

Furthermore, since the charge-sheet was already filed, the court determined that custodial interrogation was no longer necessary and that the trial would likely consume considerable time

The holding established that because the seized contraband was of a non-commercial quantity and the applicant had no criminal history, bail was warranted

The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to conditions including mandatory attendance at trial dates and strict compliance with Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita/BNSS