Regular bail granted for intermediate NDPS quantity, charge-sheet filing, no antecedents, and likely trial delay.

On 12 July 2026, acting on secret information, the police intercepted the applicants and co-accused at Mahamand Bypass Road, Bilaspur.

A total of 3.264 kilograms of alleged poppy straw was recovered from a yellow-violet plastic bag allegedly in their joint possession.

Crime No. 379/2026 was registered at Police Station Torwa, Bilaspur, for offences under Sections 15(B), 18(C) and 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the applicants were arrested the same day.

The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contending that the recovered quantity was intermediate, the charge-sheet had been filed, they had no criminal antecedents, and the trial would take time.

The State opposed bail, relying principally on the alleged joint possession and the manner of commission of the offence.

Whether the applicants were entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under the NDPS Act involving alleged recovery of 3.264 kilograms of poppy straw.

Whether the nature and quantity of the alleged contraband, the applicants’ custody, filing of the charge-sheet, absence of criminal antecedents, and likely delay in conclusion of the trial justified release on bail.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail, and considered the alleged offences under Sections 15(B), 18(C) and 22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

In assessing bail, the Court considered the nature and gravity of the accusation, the quantity of contraband, the period of custody, the filing of the charge-sheet, the existence or absence of criminal antecedents, and the probable duration of the trial.

The Court treated 3.264 kilograms of poppy straw as an intermediate quantity, below the commercial quantity of 50 kilograms and above the small quantity of 1 kilogram.

The Court found that the alleged recovery of 3.264 kilograms of poppy straw was below commercial quantity and therefore assessed the bail application on ordinary considerations of custody and trial-related circumstances.

Although the prosecution alleged recovery from the joint possession of the applicants and co-accused, the applicants had no criminal antecedents, had remained in custody since 12 July 2026, and the charge-sheet had already been filed.

Since the trial was likely to take considerable time, the Court concluded that continued detention was not warranted, notwithstanding the State’s objection regarding the manner of commission of the offence.

The release was subject to conditions prohibiting interference with witnesses or the fair trial and requiring the applicants to appear before the trial Court on every date fixed until conclusion of the trial.

A certified copy of the order was directed to be sent to the trial Court for compliance.