In NDPS cases, quantity is destiny. Whether a seizure is small, intermediate or commercial decides not just the sentence range but the entire architecture of bail, because the twin conditions of Section 37 NDPS Act apply only to commercial quantity offences. In Mukesh Rani v. Narcotics Control Bureau (BAIL APPLN. 2472/2026, decided 7 October 2026), the Delhi High Court granted regular bail to a woman intercepted at IGI Airport with 986 grams of ganja, holding that even the combined seizure of 1.976 kg from her and her co-traveller did not reach commercial quantity — and once Section 37 fell away, the ordinary bail principles decided the matter.
The case
Acting on prior information, a Narcotics Control Bureau team intercepted the petitioner and her co-accused at Terminal 3 of IGI Airport after they landed from Bangkok. A search of the petitioner’s backpack yielded 986 grams of ganja; the co-accused allegedly carried 990 grams. The case was registered under Sections 8(c), 20(b) and 29 of the NDPS Act — possession of and trafficking in cannabis, with conspiracy — and committed to the Special Judge (NDPS), Rouse Avenue Courts.
The petitioner’s defence was that she had been lured by the co-accused with promises of visa and employment assistance, that a third person handed her the bag on the return journey, and that she carried it on the co-accused’s assurances. The NCB countered that the two women acted in concert, were linked to a common supplier, had travelled together before, and that an earlier trip allegedly involved carrying a substance from Dubai to Kolkata.
The quantity question
The decisive legal fact was arithmetic. The NCB itself described the combined seizure of 1.976 kg as falling in the intermediate category. For ganja, commercial quantity begins at 20 kg; the seizure here was a tenth of that even when clubbed. The Court recorded in terms that the combined quantity “is not a commercial quantity.”
Commercial quantity
Section 37 twin conditions apply: reasonable grounds to believe the accused is not guilty, and unlikely to offend on bail. Bail is the exception.
Small / intermediate quantity
Ordinary bail principles apply: custody period, stage of investigation and trial, antecedents, risk of tampering. Liberty is the default consideration.
The ordinary principles, applied
Once Section 37 was out of the way, the factors lined up in the petitioner’s favour. The investigation was complete and the chargesheet filed, so custodial interrogation was no longer needed. The trial court’s earlier rejection of bail in June 2026 had rested on the investigation being at an early stage — a ground that no longer existed. Only two accused were involved, and the co-accused was already on bail, raising considerations of parity. Ten witnesses remained to be examined, meaning the trial would take considerable time against custody running since May 2026.
The NCB’s reliance on an alleged earlier carrying trip shows how antecedent allegations surface in NDPS bail hearings. Allegations of past conduct that have not crystallised into a case carry limited weight; the bail court decides on the record of the case before it.
Conditions of release
Why this matters in practice
NDPS bail work begins with the seizure memo and the notified quantity table, not with the rhetoric of the allegation. Counsel should verify the precise weight, check whether the substance and its quantification bring the case above or below the commercial threshold, and frame the application accordingly. Where the quantity is intermediate, the application should squarely invoke the ordinary bail principles and the completion of investigation; where the prosecution seeks to club quantities across accused, the combined figure must still be tested against the commercial threshold. And in every case, parity with a similarly placed co-accused who has secured bail remains one of the most practically effective grounds available.
Frequently Asked Questions
What are the quantity bands under the NDPS Act for ganja?
Under the notified table to the NDPS Act, small quantity for ganja is 1 kg and commercial quantity is 20 kg. Anything between the two is intermediate quantity. The seizures here — 986 grams and 990 grams, 1.976 kg combined — fell well below the 20 kg commercial threshold, so the stringent twin conditions of Section 37 did not apply to the bail decision.
Why does it matter whether Section 37 NDPS Act applies?
Section 37 makes offences involving commercial quantity subject to twin conditions: the court must have reasonable grounds to believe the accused is not guilty and is unlikely to offend while on bail. For small and intermediate quantities, bail is governed by ordinary principles — period of custody, stage of trial, risk of tampering — which is a far less demanding standard for the accused.
What factors persuaded the Court to grant bail here?
The investigation was complete and the chargesheet filed; only two accused were involved and the co-accused had already been granted bail; ten witnesses remained to be examined so the trial would take time; and the petitioner had been in custody since May 2026. The Court held a case for bail was made out, on conditions, without expressing any view on the merits.
Can the NCB club quantities seized from different persons?
The NCB argued the two accused acted in concert and the quantities should be considered together. Even taken together, the total remained intermediate quantity, so the Court did not need to resolve the clubbing question against the petitioner — the combined 1.976 kg was still not commercial quantity.