Section 37’s rigour applies where prima facie material links an accused to commercial-quantity narcotics transportation.

Police intercepted two vehicles after receiving information about cannabis transportation. They recovered 72.915 kg of ganja from a Venue car driven by co-accused Ramesh Sidar; the applicant was travelling in a separate Creta car.

The applicant was arrested on 30 March 2026 in connection with offences under Sections 20(b)(ii)(C) and 29 of the NDPS Act.

After the investigation was completed and the charge-sheet filed, he sought regular bail under Section 483 of the BNSS. The State opposed bail, relying in part on the co-accused’s memorandum statement implicating the applicant

Whether the applicant should be granted regular bail under Section 483 of the BNSS when the commercial quantity of ganja was recovered from a separate vehicle and the co-accused’s statement implicated him

Whether the bar under Section 37 of the NDPS Act applied to the applicant’s bail application

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedural basis for the application for regular bail.

Section 37 of the NDPS Act imposes restrictions on granting bail in cases involving commercial quantities.

The Court stated that, at the bail stage, its role was confined to determining whether a prima facie case existed; it treated the recovery of contraband and the material linking the applicant to its transportation as sufficient to apply Section 37’s rigour

Although the ganja was recovered from the Venue car and the applicant was travelling in a separate Creta, the Court noted that both vehicles had been intercepted on the basis of information about illegal ganja transportation.

It also relied on the co-accused’s memorandum statement implicating the applicant.

Given the recovery of 72.915 kg—an amount above the commercial quantity—the Court found a prima facie basis to apply Section 37 and declined bail

rejected the applicant’s regular-bail application