Grant of bail for possession of non-commercial quantity of cannabis where applicant lacks criminal antecedents.

The applicant was arrested on 13.02.2026 following a police raid based on secret information.

The police intercepted the applicant on a motorcycle and allegedly recovered 4.204 kg of cannabis (Ganja) from his possession.

A case was registered under Section 20(b)(ii)(B) of the NDPS Act.

The applicant moved the High Court for regular bail, contending false implication, non-compliance with Section 42 of the NDPS Act regarding search warrants, and the fact that the seized quantity was significantly less than the 20 kg threshold for "commercial quantity".

The State opposed the bail while acknowledging the applicant had no criminal antecedents and that the charge-sheet had already been filed.

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

2. Whether the rigors of Section 37 of the NDPS Act apply to the present case.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the grant of regular bail.

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which pertains to the possession of a quantity of cannabis less than commercial but greater than small.

If the seized quantity is less than the intermediate quantity (20 kg for Ganja), the stringent "reasonable grounds" requirements for bail under Section 37 of the NDPS Act are not attracted.

Sections 84, 209, 269, and 351 of the BNSS regarding trial procedures and consequences for the abuse of liberty.

The Court observed that while the prosecution alleged recovery of 4.204 kg of Ganja, this amount is significantly lower than the 20 kg categorized as "commercial quantity" under the NDPS Act schedule.

Consequently, the "rigors of Section 37," which create a high threshold for bail, were held inapplicable.

The Court evaluated the case's circumstances, noting that the investigation was complete as the charge-sheet had already been filed before the competent court.

The Court gave weight to the fact that the applicant has no prior criminal history and that the trial was likely to take a considerable amount of time.

The Court allowed the bail application and ordered the release of the applicant on personal bond with two sureties, subject to strict conditions regarding appearance and conduct under BNSS.