Regular bail granted for intermediate quantity of Ganja considering lack of antecedents and filed charge-sheet.

The applicant, Smt. Mumtaj Khan, was arrested on 30.01.2026 and charged under the Narcotics Drugs and Psychotropic Substances (NDPS) Act.

According to the prosecution, acting on a secret tip, police intercepted a motorcycle at Forest Naka Sirpur carrying the applicant and another individual. A search resulted in the recovery of 09 kg of contraband Ganja from their joint possession.

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, asserting her innocence, claiming false implication, and noting her prolonged detention since January 2026.

1. Whether the applicant is entitled to the grant of regular bail considering the quantity of contraband seized and the duration of her judicial custody.

Section 20(B) of the NDPS Act, 1985, which penalizes the production, manufacture, possession, sale, purchase, transportation, and terminal consumption of cannabis.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding non-attendance in obedience to an order from a public servant, and Sections 84 and 209 of the BNSS concerning proclamations for absconding persons and the punishment for non-appearance.

The Court evaluated the facts and circumstances of the case, specifically noting the nature and gravity of the offense. However, the Court balanced the severity of the charges against the mitigating factors presented by the applicant, namely that she had no previous criminal antecedents.

The Court observed that the charge-sheet had already been filed and that the applicant had been in jail since 30.01.2026. Given that the trial was expected to take a considerable amount of time to conclude, the Court determined that continued detention was not warranted provided stringent conditions were imposed to ensure her appearance and prevent the abuse of liberty.

The holding was conditioned upon the applicant’s undertaking not to seek unnecessary adjournments, her mandatory presence during key trial stages (opening of the case, framing of charges, and recording of statement under Section 351 BNSS), and strict compliance with appearance orders under threat of proceedings under Sections 209 and 269 of the BNS.