Regular bail may be granted under the NDPS Act when the seized quantity is below the notified small quantity, the investigation is complete, the charge-sheet is filed, and the accused has no prior criminal record.

Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 119/2026 registered at Police Station Tikrapara District- Raipur (C.G.) for the offence punishable under Sections 21(b) of NDPS Act .

2. Case of the prosecution, in brief, is that on 10.02.2026, upon receiving secret information, the concerned Police OfÏcials was conducted a raid behind Nilkantheshwar Temple, Mathpara, Raipur. At the time of the raid, the present applicant was apprehended and from his possession, 1 gram of Chitta (Heroin), one Axis vehicle bearing registration No. CG 04 PW 1372, and two mobile phones were seized. During the course of investigation, the memorandum statement of the applicant was recorded and on the basis of the said memorandum, another co-accused, namely Lucky Singh, resident of Bhatgaon, was arrested on 12.02.2026. From his possession, 6 grams of Chitta was seized by the police. Based upon such, crime has been registered against the accused.

3. Learned counsel for the applicant submits that the applicant/accused is innocent and has been falsely implicated in the present case, the applicant is a constable by profession and has already been placed under suspension from service due to the present case. It is further submitted that as per the prosecution story itself, only 1 gram of Chitta (Heroin) has been seized from the possession of the present applicant, which is much below the notified small quantity, i.e., less than 5 grams (as per Sr. No. 56), and far below the commercial quantity of 250 grams. It is also submitted that the applicant is in judicial custody since 11.02.2026, and the trial is likely to take considerable time for its final conclusion and further the applicant has no criminal antecedent and there is no likelihood of his absconding or tampering with the prosecution witnesses. Accordingly, he prays for grant of bail.

4. On the other hand, learned counsel for the State opposes the bail application and submits that the present applicant is a constable, and despite being a member of the disciplined force, he has been found involved in an offence under the NDPS Act , which is a serious matter. It is further submitted that though 1 gram of Chitta (Heroin) has been seized from the possession of the applicant, which falls within the small quantity (less than 5 grams) as against the commercial quantity of 250 grams, the involvement of the applicant in such activities cannot be taken lightly. It is also submitted that the applicant has already been placed under suspension from his services due to the present incident. Considering the overall facts and circumstances of the case, it is prayed that the bail application of the applicant be rejected.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Considering the submissions made and the material available on record, it is evident that the applicant has been in custody since 11.02.2026, has no previous criminal antecedents and has already been placed under suspension from service. It is further observed that only 1 gram of Chitta (Heroin) has been seized from the possession of the applicant, which is below the notified small quantity. The investigation is complete, the charge-sheet has been filed before the competent Court and there appears to be no likelihood of the applicant tampering with the prosecution evidence or influencing the witnesses. Further custodial interrogation of the applicant is not required. In view of the aforesaid facts and circumstances, the applicant