Section 37 NDPS rigors are inapplicable to intermediate quantity seizures in the absence of criminal antecedents.

On January 11, 2026, the applicant was apprehended at Police Station Sirgitti, District Bilaspur, after 2.475 kg of Ganja was recovered from a plastic sack in his possession

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

The applicant moved for regular bail, contending that he was falsely implicated, the mandatory search procedures under Section 42 of the NDPS Act were bypassed, and the seized quantity was "intermediate" rather than "commercial"

The prosecution opposed the bail, citing the seizure of contraband, while acknowledging the applicant’s lack of criminal history and the fact that the charge-sheet had already been filed

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) given the nature of the seized contraband and the absence of criminal antecedents

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

Section 20(B) of the NDPS Act, 1985, alongside Section 37 of the same Act, which prescribes rigorous conditions for bail in cases involving "commercial quantities"

The Court noted that for Ganja, the commercial quantity threshold is 20 kg, making the seized 2.475 kg an "intermediate quantity"

Procedural compliance regarding trial attendance was linked to Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and BNSS

The Court's reasoning centered on the classification of the seized contraband and the applicant's personal record.

The Court noted that the 2.475 kg of Ganja recovered is significantly below the 20 kg commercial threshold, thereby rendering the strict bail rigors of Section 37 of the NDPS Act inapplicable

The Court placed significant weight on the fact that the applicant has no prior criminal antecedents and that the investigation is complete with the filing of the charge-sheet

Recognizing that the trial would likely be protracted and that the applicant had been in custody since January 2026, the Court determined that continued incarceration was unnecessary

The holding established that for intermediate quantities of contraband where the charge-sheet is filed and the accused has no criminal history, bail may be granted subject to strict conditions.

These conditions include: (i) a prohibition on seeking adjournments during evidence, (ii) mandatory presence during trial stages under penalty of Section 269 BNS, and (iii) mandatory personal presence for framing of charges and recording of statements under Section 351 BNSS