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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Parveen @ Raman – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
216 | 04.08.2024 | Phillaur, District Jalandhar Rural | 21-B & 27 A of NDPS Act (Sections 61, 85 of NDPS Act added later on) |
1. A mother of three daughters, aged 4, 2, &1, incarcerated in the FIR captioned above, since 4th August 2024 for possessing 12 grams of heroin, just 4.8% of the maximum intermediate quantity, and Rs. 10,000/- termed as drug money by the Police, without any primafacie evidence to such an extent, and to her extreme misfortune, despite all this, denied bail by worthy Special Judge, has come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2. In paragraph 18 of the bail petition, the accused declares that she has no criminal antecedents.
3. The facts and allegations are taken from the reply filed by the State. On Aug 04, 2024, based on a chance recovery, the Police seized 12 grams of heroin from the petitioner's possession. In addition to the heroin, the police also recovered Rs. 10,000/-from her purse, which the police termed as drug money, and based on such self-declaration, inserted S. 27-A along with S. 21 of the NDPS Act. The Investigator claim
The court held that the restrictions of Section 37 of the NDPS Act do not apply to intermediate quantities, allowing bail due to insufficient evidence linking the accused to drug money.
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 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 emphasized the need for judicious consideration of bail applications involving individuals with criminal history and the importance of considering the quantity of contraband in relation to ....
The court ruled that anticipatory bail should not be denied solely based on prior criminal history when the current offense involves a small quantity of drugs, emphasizing the need for judicial discr....
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