The court's decision emphasized the need to consider the quantity of the substance, legal precedents related to bail considerations, and the balance between individual rights and the right of police investigation in granting bail.

JUDGMENT

Anoop Chitkara, J.

1. On being named by the main accused in his custodial interrogation as the seller of the contraband, the petitioner, apprehending arrest for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as per the FIR captioned above had come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. In paragraph 15 of the bail petition, the accused declares that an FIR was registered against him. In paragraphs 6 & 7 of the bail petition, the petitioner explains about this FIR in the following terms,

'(6). That earlier the petitioner was also falsely implicated in FIR No.54 dated 09.08.2019, Police Station Amir Khas, District Fazilka (Range Ferozepur). Regarding above said FIR, the police has picked up the petitioner from his house and send his behind the bars. Therefore, the petitioner approached this Hon'ble Court for concession of regular bail and this Hon'ble Court has granted regular bail to him vide order dated 13.12.2019 in CRM M-51925 of 2019. True translated copy of FIR No.54 dated 09.08.2019, under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Amir Khas, Fazilka is annexed herewith as Annexure P-3 whereas true copy of the order dated 13.12.2019 is annexed herewith as Annexure P-4.

(7). That it is pertinent to mention here that the family members of co-accused along with respectable persons of the village made complaint to higher police official against the arrest of Sawinder Singh and Sukha Singh by the then Insp. Gurjant Singh No.707/FZK (present SHO) and ASI(L) Om Parkash No.652/FZK and demanding of money from the family members of the accused persons but when they refused to do the needful then the above said persons police officials were threatening the family of accused persons to implicate the accused persons in FIR NO.54 dated 09.08.2010, Police Station Amir Khas'

3. The police party while patrolling, spotted a young person, who was carrying a plastic bag on his head. On seeing the police, he became perplexed; threw the plastic bag and fled away taking advantage of the darkness. On checking the plastic bag, 10 kilograms poppy husk was recovered. Since the police party had seen the said person in the head light of police vehicle, they identified him to be the petitioner- Sukha Singh and registered the aforesaid FIR.

4. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

5. Ld. counsel representing the State opposes bail.

REASONING:

6. The substance involved in the present case is poppy straw, and weighs 10 kilograms. Entry no. 110 of the table specifying small and commercial quantities specifies the quantity greater than 50 kilograms as commercial quantity and lesser than 1000 grams as small. Thus, the quantity allegedly involved in this case is not commercial. Given this, the rigours of S. 37 of the NDPS Act do not apply in the present case.

7. Section 2 (vii-a) of the NDPS Act defines commercial quantity as the quantity greater than the quantity specified in the schedule. Section 2 (xxiii-a) defines small quantity as a quantity less than the quantity specified in the table of the NDPS Act. The remaining quantity falls in an undefined category, generally called an intermediate quantity. All Sections in the NDPS Act, which specify an offence, also mention the minimum and maximum sentence, depending upon the quantity of the substance. The commercial quantity mandates a minimum sentence of ten years of imprisonment and a minimum fine of Rupees One hundred thousand, and bail is subject to the riders mandated in S. 37 of NDPS Act. When the quantity is less than commercial, the restrictions of Section 37 of the NDPS Act will not attract, and the fact