Lack of criminal antecedents warrants bail for intermediate quantity of contraband under NDPS Act.

On December 27, 2025, police conducted a raid at the applicants' residence in Raipur based on secret information, recovering 16.1 grams of heroin (chitta) from a drawer in Harpreet Kaur's possession

In her memorandum statement, Harpreet Kaur alleged that her husband and co-applicant, Jodha Singh, procured the contraband from Punjab for sale in Raipur

The applicants were arrested and charged under Section 21(b) of the NDPS Act

The applicants moved for regular bail, contending that the search violated Section 42 of the NDPS Act and that the seized amount was an "intermediate quantity"

Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS given the quantity of contraband seized and their lack of criminal history

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing regular bail

It considered Section 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, identifying 16.1 grams of heroin as an "intermediate quantity" (the commercial threshold being 250 grams)

The court also integrated procedural safeguards from the Bharatiya Nyaya Sanhita (BNS), specifically Sections 209, 269, and 351, regarding the consequences of non-appearance or abuse of bail liberty

The court reasoned that bail was warranted because the quantity of heroin seized (16.1 grams) falls below the commercial threshold, meaning the stringent bail restrictions under Section 37 of the NDPS Act were not triggered

The court placed significant weight on the fact that the applicants had no prior criminal antecedents, a point conceded by the State

Additionally, the court noted that the investigation was largely complete with the filing of the charge-sheet and that the trial's conclusion would likely be delayed

While the State opposed the application by citing the memorandum statements and the nature of the offense, the court concluded that the intermediate quantity and the applicants' clean records justified their release

The court directed their release upon furnishing a personal bond and two sureties each to the satisfaction of the trial court. The release is subject to strict conditions, including a prohibition on seeking unnecessary adjournments, mandatory presence at trial stages (framing of charges and Section 351 BNSS statements), and the warning that any default would trigger proceedings under Sections 209 and 269 of the BNS