Grant of bail for possession of intermediate quantity of Ganja absent criminal antecedents.

The applicant, Sanjay Bhagat, was arrested on 21.12.2025 in connection with Crime No. 609/2025 at Police Station Kotwali Jagdalpur

Following a secret tip-off, police conducted a raid and allegedly seized 2.775 Kgs of contraband Ganja from the applicant's possession

The applicant sought regular bail, contending that he was falsely implicated, the contraband was not seized from his possession, and that procedural mandates under Section 42 of the NDPS Act were violated

The State opposed the bail, citing the recovery of the contraband

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, for offences under the NDPS Act

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power to grant bail, and Section 20(B)ii(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

The rigors of Section 37 of the NDPS Act apply specifically to commercial quantities.

The principle that the absence of criminal antecedents and the likelihood of a protracted trial are relevant factors in exercising discretionary power for bail

The Court observed that the quantity of Ganja seized (2.775 kg) was less than the "commercial quantity" defined under the NDPS Act. Consequently, the stringent restrictions for bail under Section 37 of the NDPS Act were not triggered.

The Court further noted that the applicant has no prior criminal records of a similar nature and has been in custody since 21.12.2025.

Since the charge-sheet has already been filed and the trial is expected to take a considerable amount of time, the Court reasoned that continued incarceration was not warranted

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments, must appear for all trial dates (specifically for framing of charges and recording of statements under Section 351 BNSS), and any violation may lead to proceedings under Sections 209 or 269 of the Bharatiya Nyaya Sanhita (BNS)