HP High Court grants bail: possession of intermediate quantity of drugs does not rule out being a peddler

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Published 29 October 2026

Case: Not provided in source
Court: High Court of Himachal Pradesh
Bench: Justice Rakesh Kainthla
Citation: Not provided in source
Statutes: Narcotic Drugs and Psychotropic Substances Act, 1985 — s.37
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Himachal Pradesh High Court, in a decision by Justice Rakesh Kainthla, granted bail to an accused under the NDPS Act. The Court held that possession of an intermediate quantity of drugs does not automatically rule out the possibility of the accused being a peddler, but it also does not automatically classify them as a peddler.

Ratio Decidendi · Legal Principle Established

Possession of an intermediate quantity of a prohibited substance under the NDPS Act does not automatically classify an accused as a peddler, nor does it rule out the possibility of them being one. Bail can be granted if the twin conditions under Section 37 of the NDPS Act are met, considering the quantity involved and the absence of prior convictions.

Practice & Procedural Impact for Advocates

Advocates should argue that intermediate quantity possession requires a nuanced assessment, not an automatic classification as a peddler. Litigants seeking bail in NDPS cases involving intermediate quantities should emphasize the absence of prior convictions and the lack of strong evidence suggesting large-scale trafficking.

Key Legal Takeaways

1Intermediate quantity of drugs does not automatically make one a peddler.
2Bail under NDPS Act Section 37 requires satisfaction that the accused is not likely to commit further offences.
3Absence of prior convictions is a significant factor in bail applications for intermediate quantities.

The Legal Issue The Himachal Pradesh High Court addressed a bail application concerning an accused charged under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The core issue was whether the possession of an 'intermediate quantity' of a prohibited substance automatically categorises an individual as a peddler, thereby impacting their eligibility for bail under Section 37 of the NDPS Act.

Court's Reasoning Justice Rakesh Kainthla, presiding over the matter, clarified that while possession of an intermediate quantity of drugs does not definitively rule out the possibility of an individual being a peddler, it also does not automatically classify them as one. The Court noted that the twin conditions for bail under Section 37 of the NDPS Act require the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that they are not likely to commit any offence while on bail. In this specific case, the Court observed that the quantity involved was intermediate, and there were no prior convictions against the accused. The Court concluded that the mere possession of an intermediate quantity, without further evidence of large-scale trafficking, was not sufficient to deny bail, provided the conditions of Section 37 were otherwise met.

What Follows The Himachal Pradesh High Court granted bail to the accused. This decision indicates that courts will assess the specific facts and circumstances, including the quantity of drugs and the accused's criminal history, rather than applying a blanket rule based solely on the 'intermediate quantity' classification under the NDPS Act. The accused will now be released on bail, subject to the conditions imposed by the Court.