Grant of bail for possession of 9.8 kg cannabis as quantity falls below commercial threshold.

The applicant was arrested on November 16, 2025, in connection with Crime No. 111/2025 at P.S. Purur, District Balod.

The police intercepted a vehicle and recovered 9.8 kilograms of cannabis (Ganja); the owner of the vehicle (main accused Sagar Yadav) fled the scene, while the applicant, who was sitting on the pillion seat, was apprehended.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he was merely a passenger with no knowledge of the contraband.

The charge-sheet has been filed, and the applicant has been in custody since the date of arrest.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, given that the quantity of contraband seized is less than the commercial quantity.

The Court primarily applied Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, regarding the possession of Ganja.

It specifically considered the rigors of Section 37 of the NDPS Act, which restricts bail in cases involving "commercial quantity".

Under the NDPS Act Schedule, the commercial quantity for Ganja is prescribed as more than 20 kgs.

Procedurally, the court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding powers of the High Court to grant bail.

The Court observed that the 9.8 kgs of Ganja seized from the applicant’s possession is significantly lower than the 20 kg threshold required to constitute a "commercial quantity".

Consequently, the stringent bail restrictions under Section 37 of the NDPS Act do not apply.

The Court further noted that the investigation is complete as the charge-sheet has already been filed, and the applicant has no prior criminal antecedents.

Given that the applicant has been in jail since November 16, 2025, and that the trial is likely to be prolonged, the Court determined that further incarceration was not warranted.

The holding is that the rigors of Section 37 NDPS do not apply to sub-commercial quantities, making the applicant eligible for bail when coupled with a lack of criminal history and the filing of a charge-sheet.

The applicant was ordered to be released on a personal bond with two sureties, subject to conditions including mandatory attendance at trial, no seeking of adjournments, and compliance with Sections 269 and 209 of the Bharatiya Nyaya Sanhita (BNS) regarding non-appearance.