IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 02.09.2025 Pronounced on: 24.09.2025 BALWINDER SINGH ...PETITIONER VERSUS STATE OF PUNJAB …RESPONDENT CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ashok Giri, Advocate for the petitioner.

Ms. Pooja Nayar Sharma, DAG, Punjab.

****

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

31 01.04.2025 Lohian, District 15 of NDPS Act, 1985 Jalandhar Rural

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. Per paragraph 14 of the bail petition and para 9 of the status report dated

17.05.2025, the petitioner has no criminal antecedents.

3. The facts and allegations are taken from the reply filed by the State. On 01.04.2025, based on secret information received by SI Labh Singh regarding the alleged involvement of the petitioner in the sale of poppy husk, a police party conducted a raid at the residential premises of the petitioner. It is alleged that the petitioner managed to escape from the spot at the time of the raid. During the search of the premises, the police officials claim to have recovered 130 kilograms and 800 grams of poppy husk from his premises. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023.

4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5. The State’s counsel opposes bail and refers to the reply.

REASONING:

6. As per paragraph 5 of the reply dated 17-05-2025, the name of the contraband is Poppy straw and its weight is 130 Kg and 800 grams.

7. Dealing in 130 Kg and 800 grams of poppy straw in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications:

Substance Name Poppy straw Quantity detained 130.8 Kg Punishable U/s S.15(c) of NDPS Act, 1985 Quantity type Commercial Drug Quantity in % to upper limit of

261.60%

Intermediate Drug's Small & Commercial Qty. suggested by Committee report Expert Committee Report dated 24.03.1995 Notification No. & date & 23.08.2001 (Small and Commercial)

Specified as small & Commercial in S.2(viia) & 2(xxiiia) NDPS Act, 1985 Notification No. & dated S.O.1055(E) 10/19/2001 Sr. No. 110 Common Name (Name of Narcotic Drug and Psychotropic Poppy straw Substance (International non-proprietary name (INN)

Other non-proprietary name ****** Chemical Name ******

Small Quantity 1000 Gram (i.e. equivalent to 1 Kg) Commercial Quantity > 50000 Gram (i.e. equivalent to 50 Kg)

Declared as punishable under NDPS Act and as per schedule defined in S.2(xi) &

2(xxiii) NDPS Act, 1985 S.15 & S.2(xviii) NDPS Notification No. & dated 11/14/1985 Act, S.O.821(E)

Sr. No. S.2(xviii)

8. The quantity allegedly involved in this case is commercial. Given this, the rigors of S. 37 of the NDPS Act and the petitioner must satisfy the twin conditions put in place by the Legislature under Section 37 of the NDPS Act.

9. It shall be relevant to refer to the following portions of the reply dated 17-05-

2025, which reads as follows:

“NAME AND WEIGHT OF DRUG

5. That in the instant case, 130 KG 800 Grams of poppy husk has been recovered from the residential room of the petitioner.

EVIDENCE BASED ON WHICH THE PETITIONER WAS ARRAIGNED AS ACCUSED:

6. That the petitioner was arraigned as an accused in the instant case on the basis of secret information received by SI Labh Singh (Belt No. 58/Jal) to the effect that the petitioner namely Balwinder Singh indulge in the sale of poppy husk and if a raid is conducted in his residential room, then heavy quantity of poppy husk can be recovered.

EVIDENCE AGAINST PETITIONER That a recovery of 130 KG 800 Grams of poppy husk has recovered from the residential room of the petitioner. However, on seeing the police officials, the petitioner