01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a prosecution under Section 20(b) of the NDPS Act.
¶ 1–6The prosecution alleged that, during rural patrolling on 19 August 2026, police intercepted the applicant riding a motorcycle and seized eight packets containing 8.460 kg of ganja.
¶ 1–6He was arrested that day.
¶ 1–6His first bail application had been withdrawn with liberty to apply afresh after the charge-sheet was filed.
¶ 1–6In the present application, the applicant denied possession and submitted that he had no criminal antecedents; the State did not dispute the absence of antecedents.
¶ 1–6The charge-sheet had been filed by the time of the hearing.
¶ 1–602Issues
i.Whether the applicant should be released on regular bail in the NDPS prosecution, having regard to the filing of the charge-sheet and his lack of criminal antecedents.
¶ 3–603Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was the statutory basis for the application for regular bail; Section 20(b) of the NDPS Act was the provision under which the applicant was charged.
¶ 1The Court identified no precedent or further legal test in its reasoning.
It considered the filing of the charge-sheet and the absence of criminal antecedents as relevant circumstances in deciding the application.
¶ 6Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Narcotic Drugs and Psychotropic Substances Act, 1985 Section 20
Bharatiya Nyaya Sanhita, 2023 Section 269Section 209
04Reasoning
The Court considered the competing submissions, the case materials, and the fact that the charge-sheet had been filed.
¶ 4–6It also took account of the applicant’s lack of criminal antecedents, which the State did not dispute.
¶ 4–6On those circumstances, and without expressing any view on the merits of the case, the Court found it appropriate to grant bail.
¶ 4–605Holding
The Court allowed the application and directed the applicant’s release on a personal bond of ₹25,000 with one surety for the like sum, to the satisfaction of the trial court.
¶ 7Bail was subject to conditions concerning adjournments when witnesses are present, attendance before the trial court, and personal appearance on specified trial dates; the order also prescribed consequences for non-compliance.
¶ 7(a)–(d)Original Court PDF
AJAY SARTHIvsSTATE OF CHHATTISGARH
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