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ANOOP CHITKARA
Hardeep Kumar alias Pappu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 203 | 5.8.2022 | Civil Lines, Batala | 21(c) and 29 NDPS Act |
Aggrieved by dismissal of default bail petition filed under section 167(2) of the Code of Criminal Procedure, 1973, [CrPC], the accused has come up before this court.
2. On Aug 5, 2022, the police had recovered 300 grams of heroin from the petitioner, and NDPS Act defines it as commercial quantity and makes it a punishable offence in the following terms:
| Substance Name | Heroin/Chitta/Smack |
| Quantity detained | 300 Gram |
| Quantity type | Commercial |
| Drug Quantity in % to upper limit of Intermediate | 120.00% |
| Specified as small & Commercial in Section 2(viia) & 2(xxiiia) NDPS Act, 1985 | |
| Notification No | S.O.1055(E) |
| dated | 10/19/2001 |
| Sr. No. | 56 |
| Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) | Heroin |
| Other non-proprietary name | ****** |
| Chemical Name | Diacetylmorphine |
| Small Quantity | 5 Gram |
| Commercial Quantity | 250 Gram |
| Declared as punishable under NDPS Act and as per schedule defined in S.2(xi) & 2(xxiii) NDPS Ac | |
The main legal point established in the judgment is that the applicability of bail provisions under the NDPS Act depends on the quantity of contraband and the specific circumstances of the case, as i....
The court determined that the non-commercial quantity of heroin possessed allows for regular bail conditions rather than the strictures of Section 37 NDPS Act.
The court balanced the individual's right to bail with the necessity of a fair trial, emphasizing the need for stringent conditions to prevent tampering with evidence and ensure cooperation with the ....
The court's decision was influenced by the quantity of contraband, the petitioner's criminal history, and relevant case laws in determining the applicability of S. 37 of the NDPS Act and granting bai....
The court's decision was influenced by the quantity of contraband involved, the petitioner's personal circumstances, and the legal principles emerging from the law relating to rigors of S.37 of NDPS ....
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