Intermediate-quantity NDPS cases do not compel bail when investigation is ongoing and the accused has multiple similar cases.

The petitioner, aged 62, was arrested on 7 August 2026 in a case registered by Mahalakshmipuram Police Station under Sections 8(c), 17(b), 18(b) and 25 of the NDPS Act, 1985.

Police alleged that 1 kg and 65 grams of opium was recovered from his possession; the Court recorded that the quantity was intermediate.

The petitioner’s bail application before the Sessions/Special Court was rejected on 28 August 2026, after which he sought regular bail before the High Court under Section 483 of the BNSS, 2023.

The prosecution opposed bail, stating that the petitioner was involved in five other NDPS cases and that investigation—including inquiry into the contraband’s source and other alleged participants—was ongoing.

1. Whether the petitioner should be granted regular bail where the alleged opium recovery was of intermediate quantity.

2. Whether the petitioner’s alleged involvement in other NDPS cases and the ongoing investigation justified refusing bail at that stage.

The petition was considered under Section 483 of the BNSS, 2023, which provides for the High Court’s bail jurisdiction.

The alleged offences were under Sections 8(c), 17(b), 18(b) and 25 of the NDPS Act, 1985.

The Court held that the intermediate quantity of the seized contraband, by itself, did not require a grant of bail; it also considered the pending investigation and the need to ascertain the source of the contraband and the involvement of other accused persons.

The Court distinguished Sunny Kapoor @ Honey v. State of Himachal Pradesh, observing that it did not lay down a rule requiring bail in every intermediate-quantity NDPS case.

The Court accepted that the alleged recovery was of intermediate quantity but found that this factor alone did not warrant release.

It also took account of the prosecution’s submission that the petitioner was involved in five other NDPS cases and that the investigation remained incomplete, with the source of the opium and the involvement of other persons still to be determined.

The Court rejected reliance on Sunny Kapoor @ Honey as establishing any automatic entitlement to bail in an intermediate-quantity case.