Regular bail granted in intermediate-quantity cannabis case despite pending criminal antecedents after charge-sheet filing.

The applicant was arrested on 22 June 2026 in connection with Crime No. 98/2026 registered at Police Station Golbazar, Raipur, for an offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution alleged that, pursuant to classified information, the police conducted a raid and seized 1.500 kilograms of ganja from a bag allegedly in the applicant’s possession.

The investigation was completed and the charge-sheet was filed before the trial court.

The applicant had remained in judicial custody since 22 June 2026 and submitted that the seized quantity was intermediate, the trial would take considerable time, and she had been falsely implicated.

The State opposed bail, relying principally on the applicant’s three criminal antecedents—two under the Excise Act and one under the NDPS Act.

1. Whether the applicant should be released on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 20(b) of the NDPS Act involving alleged seizure of 1.500 kilograms of ganja?

2. Whether the filing of the charge-sheet, completion of investigation, period of custody, quantity of contraband, and the applicant’s criminal antecedents justified the grant of bail subject to conditions?

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant regular bail.

The Court considered the allegation under Section 20(b) of the NDPS Act relating to possession of cannabis/ganja.

In exercising its bail discretion, the Court considered the nature of the accusation, the quantity allegedly seized, completion of investigation, filing of the charge-sheet, the period of judicial custody, the likely duration of trial, and the applicant’s criminal antecedents.

Bail was granted subject to conditions intended to secure the applicant’s attendance, prevent delay, and regulate the use of the liberty granted.

The Court found that the alleged recovery of 1.500 kilograms of ganja was an intermediate quantity and that the investigation had already concluded with the filing of the charge-sheet.

The applicant had been in custody since 22 June 2026, while final adjudication was likely to take time.

Although the Court took note of her three criminal antecedents, it considered them along with the other relevant bail factors and concluded that they did not, by themselves, warrant continued detention at this stage.

The applicant’s release was therefore considered appropriate, subject to strict conditions requiring attendance before the trial court, personal appearance at significant stages, and avoidance of adjournments when witnesses were present.

The High Court directed that Afsana B Alias Gudiya be released in Crime No. 98/2026 upon furnishing a personal bond of Rs. 50,000 with one surety.

The bail was subject to conditions requiring her not to seek unnecessary adjournments, to remain present before the trial court, to appear personally at the opening of the case, framing of charge, and recording of her statement under Section 351 of the BNSS, and to comply with the consequences prescribed in the event of absence or misuse of bail.

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