Rekh Kumar Dahire vs. State Of Chhattisgarh

Facts

The applicant, Rekh Kumar Dahire, was arrested on 28.02.2026 in connection with Crime No. 138/2026 registered at Police Station Sirgitti, Bilaspur, for an offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution alleged that credible information was received that the applicant intended to transport illicit narcotic substance (Ganja) from Ghuru area towards Tifra for sale. Upon interception of his Jupiter scooter, police recovered 1.9 kg of Ganja concealed in polythene packets. The charge-sheet has since been filed. The applicant sought regular bail.

Held

The Court held that the applicant is entitled to be released on bail. The reasoning was based on the quantity of Ganja seized, which was 1.9 kg, falling below the commercial quantity threshold. The Court also considered that the charge-sheet had been filed and the applicant had been in custody since 28.02.2026, with the trial expected to take some time. The ratio decidendi is that for intermediate quantities of narcotic substances, where the charge-sheet is filed and the accused has been in custody for a significant period, bail may be granted, especially if there are no criminal antecedents. The applicant was released on bail upon furnishing a personal bond with two sureties, subject to several conditions including not seeking adjournments, remaining present in court, and facing proceedings for misuse of liberty or absence as per the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the quantity of Ganja seized and the stage of the proceedings? The applicant argued that he is innocent and falsely implicated. He contended that the seized quantity of 1.9 kg of Ganja is an intermediate quantity and does not attract the rigors of Section 37 of the NDPS Act, as the commercial quantity is prescribed as more than 20 kgs. He further submitted that he has no criminal antecedents, has been in jail since 28.02.2026, and the trial is likely to take a considerable time. The State opposed the bail application, noting that the charge-sheet has been filed and 1.9 kg of Ganja was recovered from the applicant's possession, arguing that the application should be rejected.