Habitual Offender Status and Commercial Quantity Seizure Preclude Bail under NDPS Act Notwithstanding Lack of Direct Possession

The applicant sought first bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, concerning Crime No. 51/2025

On 11.04.2025, police seized 262.258 kg of ganja from a Fortuner car, but the driver escaped

On 02.08.2025, based on Cyber Cell information regarding a different vehicle and mobile number, the applicant was intercepted

Although no contraband was found on his person or in the intercepted vehicle, he was implicated via a memorandum statement related to the initial seizure

The applicant contended he was falsely implicated due to a minor altercation with police and had been in custody since 20.08.2025

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, despite the recovery of a commercial quantity of contraband and the existence of a criminal antecedent

Section 20(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act regarding the possession and trafficking of ganja

Deepak Yadav v. State of Uttar Pradesh & Another (2022) 8 SCC 559, which mandates that bail may be denied or cancelled if the accused has previous criminal antecedents and is considered a habitual offender

The Court weighed the applicant’s defense—that no contraband was recovered from his immediate possession and that he was implicated solely on a memorandum statement—against the gravity of the offense

The Court noted that the quantity seized (262.258 kg) significantly exceeds the commercial threshold

Crucially, the prosecution highlighted that the applicant had a prior criminal record under the NDPS Act in Bhopal, Madhya Pradesh, classifying him as a habitual offender

The Court observed that the applicant had misused bail granted in previous proceedings

Applying the Deepak Yadav precedent, the Court reasoned that the combination of a commercial quantity of narcotics and the applicant's criminal history outweighed the arguments for his release

The bail application was rejected

The trial court was directed to expedite the trial and a certified copy of the order was sent for compliance