Regular bail granted for below-commercial NDPS quantity, clean antecedents, filed chargesheet, and prolonged trial.

On 17 May 2026, acting on secret information, the police seized 5 kg and 155 grams of ganja allegedly from the joint possession of Devendra Bhatt and Ajay Giri Goswami.

Crime No. 125/2026 was registered at Police Station Sariya, District Raigarh, for an offence under Section 20(b) of the NDPS Act, and the applicants were arrested on 25 June 2026.

The applicants filed their first application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

They claimed false implication, absence of exclusive possession, absence of criminal antecedents, completion of investigation and filing of the charge-sheet, and likely delay in conclusion of the trial.

The State opposed bail on the ground that a substantial quantity of contraband had been recovered from the applicants’ joint possession.

Whether the applicants were entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 20(b) of the NDPS Act?

Whether the nature and quantity of the alleged contraband, together with the applicants’ period of custody, lack of criminal antecedents, filing of the charge-sheet, and anticipated delay in trial, justified grant of bail?

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail, and Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, concerning possession of cannabis/ganja.

In assessing bail, the Court considered the nature of the allegation, the quantity of contraband, the period of incarceration, criminal antecedents, filing of the charge-sheet, and the probable duration of the trial.

The Court also imposed conditions under the general law governing bail, including attendance before the trial court, non-seeking of unnecessary adjournments, personal appearance at material stages, and consequences for misuse of bail.

The Court found that the alleged recovery of 5 kg and 155 grams of ganja was below the commercial quantity threshold.

It further considered that the applicants had remained in custody since 25 June 2026, had no criminal antecedents, and that the charge-sheet had already been filed, thereby reducing the investigative justification for continued detention.

Since the trial was likely to take considerable time, the Court held that continued incarceration was not warranted at that stage.

Without expressing any opinion on the merits of the prosecution case, including the applicants’ contention regarding absence of exclusive possession, the Court exercised its discretion in favour of bail.

Devendra Bhatt and Ajay Giri Goswami were directed to be released on bail in Crime No. 125/2026 upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned trial court.

Their release was made subject to conditions requiring them not to seek adjournments when witnesses were present, to remain present before the trial court on each date fixed, to appear personally at the stages of opening of the case, framing of charge, and recording of their statements under Section 351 of the BNSS, and to face appropriate proceedings in the event of absence or misuse of bail.