Facts
The applicant was arrested on 03.11.2025 in connection with Crime No. 356/2025 by the Amanaka Police Station, Raipur
Source reference: para. 2Following a tip-off, police conducted a raid and allegedly seized 34.60 grams of Cannabis (referenced as Heroin/chitta in the prosecution brief) from the joint possession of the applicant and a co-accused
Source reference: para. 2The applicant has been in judicial custody since his arrest.
Source reference: para. 2The investigation is complete, and the charge-sheet has already been filed before the trial court
Source reference: para. 2The applicant moved this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending false implication and the absence of criminal antecedents
Source reference: para. 3Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the nature and quantity of the seized substance
Source reference: para. 1, 62. Whether the rigors of Section 37 of the NDPS Act apply to the seizure of an intermediate quantity of the contraband
Source reference: para. 3Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the High Court's power to grant bail
Source reference: para. 1It further interpreted Sections 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985
Source reference: para. 1The court relied on the principle that the stringent requirements for denying bail under Section 37 of the NDPS Act are only triggered when the quantity of the seized drug is "commercial" as defined in the Schedule
Source reference: para. 3Additionally, the court noted procedural transitions to the Bharatiya Nyaya Sanhita (BNS) and BNSS for bail conditions and penalties regarding non-appearance
Source reference: para. 7Reasoning
The Court observed that the total quantity of Cannabis seized (34.60 grams) constitutes an "intermediate quantity," as it falls significantly below the 20 kg threshold required to be classified as a "commercial quantity" for Cannabis/Ganja
Source reference: para. 3Consequently, the Court found that the statutory bars to bail under Section 37 of the NDPS Act were not applicable
Source reference: para. 3, 6The Court took judicial notice of the fact that the applicant had no prior criminal record, the charge-sheet had already been filed, and he had been incarcerated since November 2025
Source reference: para. 6Given that the trial was expected to take considerable time and custodial interrogation was no longer necessary, the Court reasoned that further detention would serve no fruitful purpose
Source reference: para. 2, 6Holding
The High Court allowed the bail application and ordered the release of the applicant, Hardeep Kumar, on bail upon furnishing a personal bond with two local sureties
The holding clarified that an intermediate quantity of contraband combined with a lack of criminal antecedents and the filing of a charge-sheet justifies the grant of bail
Source reference: para. 6The bail was made subject to several conditions, including that the applicant must not seek unnecessary adjournments [para. 7(i)], must appear on all fixed dates or face proceedings under Section 269 of the Bharatiya Nyaya Sanhita [para. 7(ii)], and must strictly comply with proclamations under Section 84 of the BNSS to avoid proceedings under Section 209 of the BNS
Source reference: para. 7(iii)Original Court PDF
HARDEEP KUMARvsSTATE OF CHHATTISGARH
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