Not every instructive bail order comes from a headline case. In S.B. Criminal Miscellaneous Bail Application No. 12723/2026, decided on 26 September 2026, Justice Baljinder Singh Sandhu of the Rajasthan High Court granted bail to a 30-year-old accused from whom 54.88 grams of heroin had been recovered — a quantity above “small” but below “commercial” under the NDPS Act. The order illustrates, cleanly, the three factors that decide most intermediate-quantity NDPS bail applications: quantity classification, the stage of investigation, and parity.
The case in brief
Mukesh was arrested in FIR No. 88/2026, Police Station Merta Road, District Nagaur, for offences under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, after police claimed recovery of 54.88 grams of heroin. By the time the bail application was heard, the charge-sheet had been filed — investigation was over, and nothing remained to be recovered from or through the accused. A co-accused had already been admitted to bail by the same court.
How the court approached it
Bail followed on a personal bond of ₹1,00,000 with two sureties of ₹50,000 each and a condition of regular appearance at trial.
The quantity bands, at a glance
| Band | Heroin (illustrative) | Bail consequence |
|---|---|---|
| Small quantity | Up to 5 g | Offence attracts lighter punishment; bail on ordinary principles, often readily granted |
| Intermediate quantity | Above 5 g and below 250 g | No Section 37 embargo; custody period, stage of case, antecedents and parity decide |
| Commercial quantity | 250 g or more | Section 37 twin conditions apply; bail exceptional, subject to constitutional delay jurisprudence |
The notified small and commercial quantities differ for each substance. Classification is fixed by the seizure’s net contraband content as per the FSL report, and disputes about weighing, sampling and homogeneity are recurring battlegrounds in NDPS trials.
Why routine orders like this matter in Delhi practice
Delhi’s special NDPS courts see a steady stream of intermediate-quantity arrests — street-level recoveries that fall between the notified thresholds. The Rajasthan order mirrors the approach Delhi courts take in comparable cases: once the charge-sheet is filed and the quantity is non-commercial, prolonged pre-trial custody requires justification, and an unexplained disparity with a released co-accused rarely survives scrutiny. For the defence, three preparation points follow: obtain the FSL report and verify the band; place the custody certificate and trial-stage status before the court; and document the co-accused’s bail order with a role comparison. For the prosecution, opposition must be built on antecedents, conduct or a genuine role distinction — not on the gravity of the statute alone.
Conditions matter after release: appearance on every date, no contact with witnesses, and no fresh offence. NDPS bail once granted is vulnerable to cancellation on breach, and courts treat drug-matter violations with particular strictness.
This article is for general information only and is not legal advice. NDPS matters turn on the seizure record, FSL findings and procedural compliance in each case.
Frequently Asked Questions
Why does quantity matter so much in NDPS bail?
Because Section 37 NDPS Act imposes twin conditions — a prima facie finding of innocence and of unlikelihood of reoffending — only for offences involving commercial quantity and certain specified offences. Below commercial quantity, bail is governed by ordinary principles under Section 483 BNSS (Section 439 CrPC), where custody, trial delay and antecedents dominate.
What quantity was involved here and why was it “intermediate”?
The recovery was 54.88 grams of heroin. For heroin, small quantity is 5 grams and commercial quantity is 250 grams under the notified table, so the recovery fell in the intermediate band — attracting Sections 8/21 NDPS Act but not the Section 37 embargo.
What role did parity play?
A co-accused, Rakesh, had already been granted bail by the same court. Parity is not an absolute rule, but where roles are comparable and the earlier order holds the field, courts lean towards even-handed treatment.
What conditions were imposed?
A personal bond of ₹1,00,000 with two sureties of ₹50,000 each, and an undertaking to appear on all trial dates. Breach of conditions is a classic ground for cancellation of bail.