Intermediate quantity under NDPS Act justifies regular bail post-charge-sheet in the absence of criminal antecedents.

On January 15, 2026, acting on secret information, the Amanaka Police seized 15.32 grams of Heroin from the applicant and 9.95 grams from a co-accused

The applicant was arrested and charged under Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act

The applicant has been in custody since January 15, 2026, and a charge-sheet has been filed

The applicant moved the High Court for regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the seized quantity of Heroin and his duration of custody

The Court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, governing the grant of regular bail

It further applied Sections 21(B) and 29 of the NDPS Act, specifically interpreting the weight thresholds for Heroin, where an amount exceeding 250 grams is defined as a "commercial quantity"

The Court also relied on the principle that the rigors of Section 37 of the NDPS Act are not strictly attracted when the seized substance is of "intermediate quantity"

The Court observed that the 15.32 grams of Heroin recovered from the applicant constitutes an "intermediate quantity," as it is significantly lower than the 250-gram commercial threshold

The Court further noted that the applicant had no prior criminal antecedents and had already been incarcerated for over two months

Since the charge-sheet had already been filed and the trial was expected to consume considerable time, the Court reasoned that the applicant’s continued detention was not warranted

The grant of bail was made subject to several conditions, including: (i) an undertaking not to seek adjournments during the evidence stage; (ii) mandatory appearance on all trial dates; and (iii) personal presence for the framing of charges and recording of statements under Section 351 of BNSS

Any violation of these conditions allows the trial court to treat the default as an abuse of the liberty of bail