Section 37 NDPS Act rigours are inapplicable to intermediate quantities, justifying grant of regular bail.

On 09.12.2025, the Abhanpur Police recovered 15.750 kg of ganja (cannabis) from the joint possession of the applicants and other co-accused persons

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

Following the filing of the charge-sheet, the applicants moved the High Court seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023

The applicants contended that Section 42 of the NDPS Act regarding search warrants was not complied with and that the seized amount was below the commercial threshold

Whether the applicants are entitled to regular bail under Section 483 of the BNSS considering the seized quantity of contraband and their criminal history

Section 20(B) of the NDPS Act, 1985, which penalizes the possession of cannabis

The court considered the rigours of Section 37 of the NDPS Act, which mandates strict conditions for bail in cases involving "commercial quantities"

For ganja, the commercial quantity is defined as exceeding 20 kilograms

Procedural compliance regarding searches was noted under Section 42 of the NDPS Act

The court exercised its discretionary power for bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023

The court evaluated the merit of the bail application by contrasting the seized quantity against the statutory thresholds.

It found that 15.750 kg constitutes an "intermediate quantity," as it falls below the 20 kg commercial threshold; thus, the restrictive "twin conditions" for bail under Section 37 of the NDPS Act were not applicable

The court further observed that the applicants had no prior criminal antecedents under the NDPS Act

Given that the charge-sheet had been filed and the applicants had been in judicial custody since 09.12.2025, the court reasoned that continued detention was unnecessary as the trial would likely consume a considerable period

The court held that the applicants are entitled to be released on bail upon furnishing personal bonds and two sureties each, subject to conditions including: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence during trial proceedings; and (iii) strict compliance with judicial proclamations under the Bharatiya Nyaya Sanhita and BNSS

The trial court was directed to treat any breach of these conditions as an abuse of the liberty of bail