Bail may be granted in NDPS cases where the seized quantity is below the commercial threshold, the charge-sheet has been filed, and the accused has undergone significant incarceration, as the stringent conditions of Section 37 NDPS Act do not apply.

Order on Board

(Cause title is taken from Case Information System)

1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 86/2025, registered at Police Station – Narayanpur, District – Narayanpur (C.G.) for the offence punishable under Section 20([k) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act.

2. The prosecution story, in brief, is that a secret information was received by the Police of Police Station – Narayanpur, District – Narayanpur (C.G.) through the informant and on the basis of such information, the Police has seized a total of 5.250 Kgs. of Ganja from the possession of the present applicant. Thereafter, the applicant was arrested by the Police and the aforesaid offence has been registered.

3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the charge-sheet has been filed in this case. It is also submitted that from the possession of the applicant less than commercial quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Section 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 kgs and from the possession of the applicant only 5.250 Kgs. of Ganja has been seized. It is further submitted that applicant is in jail since 17.10.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, the learned counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case and there are six criminal antecedents of the applicant and same are explained in additional affidavit filed by the applicant. It is submitted that a total of 5.250 Kgs. of Ganja has been recovered from the possession of the applicant, therefore, this bail application is liable to be rejected.

5. I have heard learned counsel for the parties and perused the material available on record.

6. After hearing the submissions advanced by learned counsel for the parties as well as considering the quantity of Ganja seized from the possession of the applicant i.e. a total of 5.250 Kgs. of Ganja, which is less than the commercial quantity. Also considering the fact that charge-sheet has been filed, and further that the applicant is in jail since 17.10.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case.

7. Let the applicant, Rajkumar Dey involved in Crime No.86/2025, registered at Police Station – Narayanpur, District – Narayanpur (C.G.) for the offence punishable under Section 20([k) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the NDPS Act, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without suffi