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2023 Supreme(P&H) 2503
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA, J.
Taranveer Singh @ Chaska – Petitioner
Versus
State of Punjab – Respondent
CRM-M-55822 of 2022
Decided On : 11-04-2023
Subject
Criminal Law - Bail
Act Referred
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT: S.2, S.37
Headnote
(B) Bail Law - The court noted that the discretion of granting bail must consider various factors and cannot be unduly strict, seeking to balance liberty and the integrity of the trial process. (Paras 10, 20)
Facts of the case:
The petitioner was arrested on suspicion linked to contraband possession after police interrogation of an associate, leading to his custody since August 16, 2022, as a first-time offender. The substance involved was identified as heroin, amounting to 250 grams, which is classified under intermediate quantity.
Findings of Court:
The petitioner qualified for bail due to the nature of the alleged offense being less than commercial quantity, along with a lack of prior criminal record, with specific conditions imposed to ensure compliance with the law and public safety.
Issues: Whether the quantity possessed amounted to a commercial quantity under the NDPS Act, and if the petitioner could be granted bail absent the rigors of Section 37.
Ratio Decidendi: The court reasoned that because the quantity was less than the specified commercial amount, the restrictions of Section 37 do not apply, allowing for bail under more lenient standards. (Para 6, 8)
Result: Petition allowed in terms outlined.
Mr. Ritesh Pandey, Advocate; For the Petitioners
For the Respondent: Mr. I.P.S Sabharwal, Dy. A.G. Punjab.
| Table of Content |
|---|
| 1. petitioner seeks bail under ndps act (Para 1 , 5) |
| 2. arguments for and against bail (Para 3 , 4) |
| 3. legal definitions under ndps act (Para 6 , 7 , 8) |
| 4. factors influencing bail decision (Para 9 , 10 , 11) |
| 5. conditions imposed for bail granted (Para 12 , 18 , 19) |
| 6. final order and application disposal (Para 14 , 25 , 26) |
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 73 | 13.08.2022 | Sadar Pathankot Distt. Pathankot | 21 and 29 of NDPS Act. |
The petitioner under arrest for violating the provisions as mentioned above of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), per the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail on the ground that the quantity of contraband is less than commercial and rigours of Section 37 of NDPS Act do not apply.
2. In paragraph 8 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. The State opposes bail.
Reasoning:
5. On Aug 13, 2022, based on suspicion, the police recovered 250 grams of heroin from Anu Bala, per chance recovery. During her interrogation, she named the petitioner as its seller and also stated that the petitioner is her husband's friend. On this the police arrested him and he is in custody.
6. NDPS Act defines possession or trade of 250 grams of heroin as follows:
| Substance Name | Heroin/ Chitta/ Smack |
| Quantity detained | 250 Gram |
| Quantity type | Intermediate |
| Drug Quantity in % to upper limit of Intermediate | 100.00% |
| 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 Section 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 mililitre of substance, if liquid, is contained in every one hundred mililitre 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. |
7. Thus, the quantity is not greater than the quantity specified as commercial, and as per the provisions of NDPS Act, it is the uppermost limit of intermediate quantity. Given this, the rigours of Section 37 of the NDPS Act do not apply in the present case. 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 undefine
