Grant of regular bail for intermediate quantity of contraband where applicant lacks criminal antecedents.

The applicant was arrested on February 20, 2026, following a police intercept based on secret information.

During a search of the applicant's motor scooter (Reg. No. CG07/AZ/3065), police recovered 1.86 kilograms of ganja (cannabis) concealed in the vehicle's dickey.

A First Information Report (Crime No. 78/2026) was registered at Police Station Basantpur for offenses under the NDPS Act.

The applicant sought regular bail, contending that he was falsely implicated, the quantity seized was "intermediate" (between small and commercial), search procedures under Section 42 of the NDPS Act were potentially bypassed, and no custodial interrogation was further required as the charge-sheet had already been filed.

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

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the quantity of contraband seized and his duration of custody.

Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which penalizes the production, manufacture, possession, sale, purchase, transportation, import, or export of cannabis.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding regular bail.

Sections 269, 84, 209, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS regarding conditions for bail and consequences of non-compliance.

The Court observed that the 1.86 kgs of ganja seized from the applicant falls below the "commercial quantity" threshold defined under the NDPS Act.

It noted that the applicant has no prior criminal antecedents and has been in continuous custody since February 20, 2026.

Since the investigation is complete and the charge-sheet has already been filed before the competent court, the Court reasoned that further detention was unnecessary, especially as the trial's conclusion is expected to take significant time.

The Court balanced the gravity of the drug offense against the applicant's clean record and the procedural status of the trial.

The holding is predicated on the fact that the seized contraband was an intermediate quantity and the applicant lacked criminal history.

The release was made subject to strict conditions: the applicant must not seek unnecessary adjournments, must appear on every hearing date, and must be present for framing of charges and recording of statements, failing which the trial court is empowered to treat such default as an abuse of liberty.