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

The applicant, Shyam Tandi, was arrested on June 19, 2025, following a police raid near Telghani Naka Chowk, Raipur

Police recovered 9.050 kg of Ganja from the applicant’s possession and additional quantities from co-accused persons, totaling 23.110 kg

Although the impugned order mentioned Section 20(c) of the NDPS Act (commercial quantity), the FIR and charge-sheet cited Section 20(b)(ii)(B) for possession of less than commercial quantity

The applicant sought regular bail, noting that while the charge-sheet was filed, only one of twelve witnesses had been examined

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) considering the quantity of contraband seized and the status of the trial

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC) regarding the High Court's power to grant bail

It further interpreted Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, distinguishing between "intermediate" and "commercial" quantities of Ganja

The court also integrated procedural safeguards under the Bharatiya Nyaya Sanhita (BNS) and BNSS to ensure the applicant's future appearance and prevent the abuse of liberty

The Court observed that the individual quantity recovered from the applicant (9.050 kg) was below the 20 kg threshold established for "commercial quantity," thereby exempting the applicant from the stringent bail rigors of Section 37 of the NDPS Act

The Court took judicial notice that the applicant had been incarcerated since June 19, 2025, and that the trial was progressing slowly, with eleven out of twelve prosecution witnesses remaining to be examined

Additionally, the lack of prior criminal antecedents and the fact that the investigation was complete (charge-sheet filed) mitigated the risk of the applicant tampering with evidence

The holding was predicated on the intermediate quantity of the seizure and the anticipated delay in trial conclusion

The release was made subject to strict conditions, including an undertaking not to seek unnecessary adjournments and mandatory appearance on key trial dates (framing of charges and recording of statements under Section 351 BNSS), with the caveat that default would permit the trial court to initiate proceedings under Sections 209 and 269 of the Bharatiya Nyaya Sanhita