Grant of bail for possession of intermediate quantity of Ganja where applicant has no criminal antecedents.

The applicant was arrested on 23.09.2025 in connection with Crime No. 38/2025 at Police Station Konta, District Sukuma

The prosecution alleged that following secret information, a raid was conducted resulting in the seizure of 8.210 Kgs of contraband Ganja from the joint possession of the applicant and a co-accused

The applicant moved this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), contending false implication, non-compliance with Section 42 of the NDPS Act, and a lack of criminal antecedents

1. Whether the applicant is entitled to the grant of regular bail considering the quantity of the seized contraband and the duration of his pretrial detention.

Section 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which pertains to offences involving less than commercial quantity of cannabis

Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 regarding the High Court's power to grant bail

Sections 269, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) / BNSS regarding trial attendance and consequences of default

The Court observed that the 8.210 kg of Ganja recovered from the joint possession of the accused was less than the "commercial quantity" defined under the NDPS Act

The Court evaluated the merits of the bail plea based on three primary factors: first, the applicant had no prior criminal record; second, the investigation was complete as the charge-sheet had already been filed; and third, the applicant had been in custody since September 2025, with the trial expected to take a considerable amount of time

Taking these circumstances into account, the Court determined that continued incarceration was not warranted

The Court allowed the bail application and ordered the release of the applicant on furnishing a personal bond with two local sureties

The release is subject to specific conditions, including an undertaking not to seek unnecessary adjournments [para. 9(i)], mandatory presence at trial stages per Section 351 of BNSS [para. 9(iv)], and a warning that default would trigger proceedings under Section 269 of the BNS