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since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions

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Thursday, January 8, 2026

Criminal Procedure – Bail – Sections 480 & 483 Bharatiya Nagarik Suraksha Sanhita, 2023 – NDPS Act, 1985 – Section 20(b)(ii)(C) r/w Section 8(c) – Commercial quantity – Period of custody – Role of accused – Completion of substantial investigation – Absence of criminal antecedents – Bail granted with stringent conditions Held: Even in a case involving alleged offence under Section 20(b)(ii)(C) read with Section 8(c) of the NDPS Act, bail can be granted where the accused is shown to have a limited role, no criminal antecedents, has undergone substantial period of custody, investigation is substantially completed, no custodial interrogation is sought, and the accused has a fixed place of residence. Grant of bail is permissible subject to stringent conditions to ensure presence of the accused and to safeguard the investigation and trial. (Paras 3–6)

Criminal Procedure – Bail – Sections 480 & 483 Bharatiya Nagarik Suraksha Sanhita, 2023 – NDPS Act, 1985 – Section 20(b)(ii)(C) r/w Section 8(c) – Commercial quantity – Period of custody – Role of accused – Completion of substantial investigation – Absence of criminal antecedents – Bail granted with stringent conditions

Held:
Even in a case involving alleged offence under Section 20(b)(ii)(C) read with Section 8(c) of the NDPS Act, bail can be granted where the accused is shown to have a limited role, no criminal antecedents, has undergone substantial period of custody, investigation is substantially completed, no custodial interrogation is sought, and the accused has a fixed place of residence. Grant of bail is permissible subject to stringent conditions to ensure presence of the accused and to safeguard the investigation and trial.
(Paras 3–6)

ANALYSIS OF FACTS AND LAW

I. Nature of the Petition

The Criminal Petition was filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with Crime No.190 of 2025 of Bhogapuram Police Station, registered for the offence punishable under Section 20(b)(ii)(C) read with Section 8(c) of the NDPS Act, 1985.
(Para 1)

II. Allegations Against the Petitioner

The prosecution case, as noted by the Court, was that the petitioner was allegedly found in possession and transportation of 42.235 kilograms of ganja in one car, out of a total seizure of 120.27 kilograms from three vehicles. The petitioner was found in an Alto car and was alleged to have acted as a coolie-cum-driver.
(Para 4)

III. Submissions on Behalf of the Petitioner

The petitioner’s counsel submitted that:

  • The petitioner was of young age (impressional age of 20 years).

  • His senior paternal uncle had died on 19.12.2025, leaving no heirs, and the petitioner alone was required to perform the final obsequies.

  • The petitioner had no similar adverse antecedents.

  • He was arrested on 24.07.2025 and had undergone 168 days of judicial custody.

  • Nine witnesses, who were material and official witnesses, had already been examined.

  • Substantial part of the investigation was completed.

  • No application for police custody was filed and the permissible period for seeking custodial interrogation had expired.

  • The petitioner is a permanent resident of Ballel Village, Lamtaput Mandal, Koraput District, Odisha, having a fixed abode.
    (Paras 3 & 4)

The fact of death of the senior paternal uncle was confirmed by the learned Assistant Public Prosecutor.
(Para 3)

IV. Consideration by the Court

The Court took into account:

  • The nature and gravity of the allegations,

  • The role attributed to the petitioner,

  • The length of detention already undergone, and

  • The stage of investigation and trial.

On an overall assessment, the Court was satisfied that the petitioner could be enlarged on bail, subject to stringent conditions to ensure his availability for investigation and trial and to prevent misuse of liberty.
(Para 5)

V. Conditions Imposed

While granting bail, the Court imposed detailed conditions including:

  • Execution of a bond for Rs.50,000/- with two sureties for the like sum each.

  • Non-involvement in any future offence.

  • Cooperation with the investigating agency.

  • Non-tampering with evidence or influencing witnesses.

  • Surrender of passport or filing of an affidavit if no passport is held.
    (Para 6)

RATIO DECIDENDI

  1. In NDPS cases involving commercial quantity, bail is not barred per se where the Court, upon consideration of custody period, role of the accused, absence of criminal antecedents, and progress of investigation, is satisfied that continued detention is not warranted.

  2. Substantial completion of investigation, examination of material witnesses, and absence of any request for custodial interrogation weigh in favour of grant of bail, even in serious offences, subject to stringent safeguards.

  3. Grant of bail under Sections 480 and 483 BNSS, 2023 must balance the gravity of the offence with the right to personal liberty, ensuring that appropriate conditions are imposed to secure the ends of justice.

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