Section 37 NDPS Act rigors inapplicable to intermediate quantity of contraband; regular bail granted.

The applicants were arrested on January 15, 2026, in connection with Crime No. 19/2026 at Police Station Torwa, District Bilaspur, for the alleged possession of 11.08 Kgs of Ganja

The prosecution alleged that the seizure was made based on secret information

The applicants were charged under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)

The applicants moved the High Court for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, noting that the charge-sheet had already been filed and they had no prior criminal antecedents

Whether the applicants are entitled to regular bail under Section 483 of the BNSS considering the quantity of contraband seized and the duration of their incarceration.

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail

It further examined Section 20(B) of the NDPS Act, 1985, in conjunction with Section 37 of the NDPS Act, which mandates strict conditions for bail in cases involving "commercial quantities" of narcotics

The Court noted that for Ganja, the commercial quantity is defined as more than 20 Kgs; quantities below this threshold but above "small quantity" are categorized as "intermediate," thereby not attracting the mandatory rigors of Section 37

The Court observed that the total quantity of Ganja seized from the joint possession of the applicants was 11.08 Kgs, which falls within the intermediate category and is significantly below the 20 Kg commercial threshold

Consequently, the stringent limitations on bail under Section 37 of the NDPS Act were found inapplicable

The Court took judicial notice of the fact that the applicants had no previous criminal record and that the charge-sheet had already been submitted to the trial court

Given that the applicants had been in custody since January 15, 2026, and the trial was expected to consume considerable time, the Court determined that continued pretrial detention was not warranted

The holding clarified that in cases of intermediate quantity under the NDPS Act where no criminal antecedents exist and the investigation is complete, bail may be granted subject to conditions

The Court imposed several conditions, including a prohibition on seeking unnecessary adjournments, mandatory personal appearance during key trial stages, and warnings regarding proceedings under Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) for non-compliance or absconsion