Money provider for transporting non-commercial quantity of contraband entitled to bail where no recovery made.

The applicant filed a First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023

The prosecution alleged that following a raid based on secret information, 4.930 kilograms of Ganja was seized from co-accused persons, Yogendra Yadav and Sagar Dhivar

The applicant was implicated via memorandum statements of the co-accused, who alleged the applicant provided ₹40,000 to procure the contraband from Odisha and lent his TVS Jupiter Scooty for transport

The applicant argued that no contraband was seized from his person, the total quantity was less than commercial, and he has been in custody since January 16, 2026

Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering he was implicated solely on memorandum statements and no recovery was made directly from him

Section 20(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 regarding the possession and transport of cannabis

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 regarding the grant of regular bail

Section 269 of the Bharatiya Nyaya Sanhita (BNS) for non-attendance and Sections 84 and 209 of the BNSS/BNS regarding proclamations for absconding accused

The Court evaluated the applicant's role based on the prosecution's claim that he financed and facilitated the transportation of the contraband

The court observed that no physical seizure of contraband was made from the applicant’s actual possession

Crucially, the court noted that the 4.930 kilograms of Ganja seized from the co-accused was "less than commercial quantity," which lessens the rigor of bail restrictions under the NDPS Act

Taking into account that the charge-sheet has already been filed, the applicant’s duration of incarceration since January 16, 2026, and the projected length of the trial, the court determined that further detention was not warranted

The holding is contingent upon strict conditions: the applicant must not seek unnecessary adjournments, must appear on every hearing date, and must be present for the framing of charges and recording of statements under Section 351 of BNSS. Failure to comply permits the trial court to treat such absence as an abuse of liberty and proceed under Section 269 or 209 of the Bharatiya Nyaya Sanhita