Hardeep Kumar alias Pappu vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2498

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, J.
Hardeep Kumar alias Pappu – Petitioner
Versus
State of Punjab – Respondent
CRR-661 of 2023 (O&M)
Decided On : 17-05-2023

Advocates Appeared:
Mr. Manoj R. Sharma, Advocate; For the Petitioners
For the Respondent: Mr. Virat Rana, AAG, Punjab.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 167(2) - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(c) and 29 - Default bail - Accused with 300 grams of heroin, classified as commercial quantity - Right to default bail accruing after 180 days of remand - The Special Judge's dismissal of bail petition was quashed, and bail was granted. (Paras 9, 10, 24)

(B) Bail - Right to default bail upon failure to file chargesheet within statutory period - Such right is not extinguished by subsequent filing of chargesheet. (Paras 3, 9)

(C) Conditions for bail - The court may impose specific conditions to prevent recurrence of offences, ensuring justice and societal safety. (Paras 10, 19)

Table of Content
1. recovery of heroin classified as commercial quantity. (Para 1 , 2 , 3)
2. contention regarding commercial quantity influencing bail. (Para 4 , 5)
3. balancing rights of accused with procedural mandates. (Para 6)
4. indefeasible right to bail after 180 days. (Para 7 , 8)
5. entitlement to bail based on expiry of remand period. (Para 9)
6. conditions imposed to ensure compliance and safety. (Para 10 , 11 , 12)
7. petitioner may choose between bail modes. (Para 13)
8. conditions to prevent influencing witnesses or tampering evidence. (Para 14 , 15)
9. stipulations for bail and consequences of violations. (Para 16 , 17)
10. rights of the accused regarding bail conditions. (Para 20 , 21)
11. no restriction on police further investigations. (Para 22 , 23)
12. conclusion on bail granted and procedural compliance. (Para 24 , 25 , 26)

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 Act, 1985
Notification No	S.(xvi)(d) NDPS Act, 1985 (61 of 1985), S.O. 821 (E)
dated	11/14/1985
Sr. No.	2(xvi)(d)
Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN)	******
Other non-proprietary name	******
Chemical Name	2(xvi)(d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts; Explanation.-- For the purposes of clauses (v) (vi), (xv) and (xvi) the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gram of substance, if solid, or one millilitre of substance, if liquid, is contained in every one hundred millilitre of the preparation and so on in proportion for any greater or less percentage: Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribed, by rules, any other basis which it may deem appropriate for such calculation.

3. Given above, the quantity involved in the present case falls in the category of commercial.

4. While opposing the bail, the contention on behalf of the State is that the quantity of contraband involved in the case falls in the commercial category.

REASONING:

5. After arrest in a cognizable and non-bailable offence, in most of the penal statutes, the time to file a chargesheet/Police Report/Challan, under section 173 CrPC, is prescribed under section 167(2) CrPC as 60 days or 90 days as per the sentence prescribed. However, as per section 32A(4) of NDPS Act, in respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of CrPC thereof to "ninety days," where they occur, s