Bail can be granted in NDPS cases if the recovered contraband is below the commercial quantity, as the restrictions under Section 37 of the NDPS Act do not apply in such instances.

Order

1. The instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No.47/2026 registered at Police Station Samod, District Jaipur Rural for the offence under Section 8 /20 of the N.D.P.S. Act .

2. Learned counsel for the accused-petitioner submits that recovery of the alleged contraband from possession of the accused-petitioner is 1.384 Kg Ganja, which is less than the commercial quantity. He further submits that the Police after completion of investigation has already submitted charge-sheet in the matter and the accused-petitioner is in custody since 14.02.2026. Therefore, accused-petitioner may be released on bail.

3. Learned Public Prosecutor vehemently opposed the bail application and submits that there is recovery of 1.384 Kg Ganja from the possession of the accused-petitioner, therefore, he does not deserve indulgence of bail by this Court.

4. Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

5. The recovery of the alleged contraband from possession of the accused-petitioner is less than stipulated commercial quantity and the accused-petitioner is in custody since 14.02.2026.

6. The Hon’ble Apex Court in the case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No.3394/2023 arising out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has enlarged the accused therein on bail and observed as under:-

“The allegations against the appellant relate to commission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called “the Act”). Alleged recovery from him is about 35 kgs. and 150 grams Doda Posh (Poppy straw). The commercial quantity for poppy straw is 50 kgs. The appellant is in custody for over seven months. Charge-sheet has been submitted in the case. The recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of the Act does not apply in his case. We do not think his continued detention pending trial is necessary in the given circumstances.”

7. Having regard to the discussions made above, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

8. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

9. In case the accused-petitioner is found to be involved in any other criminal case of similar nature in future, the prosecution may move application for cancellation of his bail.