Regular bail granted for below-commercial-quantity ganja seizure after filing of the charge-sheet.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution alleged that 16 kg of ganja was recovered from two bags in the rear boot of a car in which the applicant was seated in the driver’s seat.

The applicant submitted that the quantity was below the commercial quantity of 20 kg, the charge-sheet had been filed, he had been in custody since 26 July 2026, and trial would take considerable time; two pending criminal antecedents were also disclosed.

The State opposed bail, relying on the applicant’s antecedents and the seriousness of the offence.

Whether the applicant should be released on regular bail in light of the alleged recovery of 16 kg of ganja, his criminal antecedents, and the stage and likely duration of the trial.

Whether the quantity alleged to have been seized, being below the commercial quantity, supported the grant of bail in this case.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowered the Court to consider the application for regular bail.

The alleged offence was under Section 20(B) of the NDPS Act.

The Court considered that the alleged 16 kg seizure was below the stated commercial quantity of 20 kg; the applicant argued on that basis that the restrictions under Section 37 of the NDPS Act were not attracted.

The Court cited no precedent and did not separately set out or analyse the statutory test under Section 37.

The Court weighed the nature and gravity of the allegation and the applicant’s disclosed antecedents against the fact that the alleged quantity was below commercial quantity, the filing of the charge-sheet, the applicant’s incarceration since 26 July 2026, and the likelihood that trial would take considerable time.

On considering those circumstances together, it concluded that the applicant could be enlarged on bail.

Bail was subject to conditions prohibiting inducement, threat, or promise to persons acquainted with the case; requiring conduct consistent with a fair and expeditious trial; and requiring the applicant to attend every hearing until disposal of the trial.