Section 37 NDPS Act’s stringent bail conditions do not apply to intermediate-quantity ganja offences.

The applicant was arrested in connection with Crime No. 222/2026 registered at Police Station Kawardha, District Kabirdham, for an offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

Acting on secret information, the police allegedly seized 11.536 kilograms of ganja from the applicant’s possession.

The applicant contended that he was innocent, had been falsely implicated, had no criminal antecedents, and that the charge-sheet had already been filed.

He further argued that the quantity seized was less than the prescribed commercial quantity of 20 kilograms, and therefore Section 37 of the NDPS Act would not apply.

The State opposed bail primarily on the ground of the recovery of 11.536 kilograms of ganja.

The applicant had remained in custody since 6 June 2026, and the Court considered that the trial was likely to take time.

Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution under Section 20(b) of the NDPS Act involving recovery of 11.536 kilograms of ganja?

Whether the rigours of Section 37 of the NDPS Act applied where the quantity recovered was below the prescribed commercial quantity?

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

It considered Section 20(b) of the NDPS Act, under which the alleged possession of ganja was prosecuted.

The Court accepted the principle that the stringent conditions under Section 37 of the NDPS Act are attracted in cases involving commercial quantity, whereas the prescribed commercial quantity for ganja is more than 20 kilograms; a recovery of 11.536 kilograms is therefore below commercial quantity and does not attract the statutory rigours of Section 37.

The Court also considered the filing of the charge-sheet, the applicant’s period of custody, the absence of criminal antecedents, and the likelihood of delay in conclusion of the trial as relevant bail considerations.

The Court found that the alleged recovery of 11.536 kilograms of ganja was below the commercial quantity of 20 kilograms.

Consequently, the restrictive conditions under Section 37 of the NDPS Act were not treated as applicable.

The Court further noted that the charge-sheet had been filed, the applicant had no criminal antecedents, he had been in custody since 6 June 2026, and the trial was likely to take considerable time.

Balancing these circumstances against the State’s objection based on the quantity recovered, the Court held that the applicant was entitled to be released on bail.

The High Court directed that Gajendra Manikpuri be released on bail in Crime No. 222/2026 upon furnishing a personal bond with two sureties in the like amount to the satisfaction of the concerned trial court.

Bail was subject to conditions requiring him not to seek unnecessary adjournments when witnesses were present, to remain present before the trial court as directed, and to appear personally on the dates fixed for opening of the case, framing of charge, and recording of his statement under Section 351 of the BNSS.