Grant of bail for possession of intermediate quantity of contraband where Section 37 NDPS rigours are not attracted.

The applicant was arrested on 30.01.2026 following a police raid at Forest Naka, Sirpur. Acting on secret information, police intercepted the applicant and a co-accused on a motorcycle and allegedly recovered 09 kilograms of contraband ganja from their joint possession

The applicant was charged under Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

The applicant moved this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending he was falsely implicated, the investigation (charge-sheet) was complete, and the seized quantity was non-commercial

1. Whether the applicant is entitled to regular bail considering the quantity of contraband seized and his criminal history

Section 20(B) of the NDPS Act, 1985, regarding the possession of contraband

Rigours of Section 37 of the NDPS Act, which restricts bail in cases involving "commercial quantities" of narcotics

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 439 of the CrPC), regarding the High Court's power to grant bail

Sections 84, 209, 269, and 351 of the BNSS and the Bharatiya Nyaya Sanhita (BNS) to stipulate conditions for the continued liberty of the accused

The court observed that the 09 kilograms of ganja seized was below the "commercial quantity" threshold defined under the NDPS Act, meaning the stringent statutory bars to bail under Section 37 did not strictly apply

The court noted that the applicant had no prior criminal antecedents and had been in judicial custody since 30.01.2026

Since the charge-sheet had already been filed and the trial was expected to take considerable time, the court reasoned that continued pre-trial detention was unnecessary

The court balanced the state’s opposition against the applicant's right to liberty, concluding that the lack of criminal history and the nature of the quantity justified the grant of bail subject to strict procedural safeguards to ensure trial attendance

The holding is contingent on several conditions: the applicant must not seek unnecessary adjournments, must appear on all trial dates, and must personally appear for the framing of charges and recording of statements under Section 351 of the BNSS. Failure to comply may result in proceedings under Sections 209 or 269 of the BNS