Krishan Kumar v. State of Punjab
Case Details
CRM-M-29546-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29546-2025 Date of Decision: 31.07.2025 Krishan Kumar ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Ms. Pushpinder Kaur, Advocate for the petitioner. Mr. Jasdev Singh Thind, D.A.G., Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Station Sections 0009 04.03.2025 Payal, District 22 of NDPS Act and 111(2) Khanna BNS 1. The petitioner, incarcerated in the FIR captioned above, had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. Per paragraph 15 of the bail application and paragraph 15 (E) of short reply, the accused has the following criminal antecedents: Sr. No. 1. 2. 3. FIR No. Date 120 148 26 06.08.2020 27.06.2021 15.02.2024 Offenses 15 of NDPS Act 15, 29 of NDPS Act 22 of NDPS Act Police Station Payal Lehra Sadar Khanna 3. The facts and allegations are taken from the short reply filed by the State. On 04.03.2025, based on a chance recovery, the Police seized 80 tablets containing Clonazepam from the petitioner’s possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023. 4. 5. The petitioner's counsel seeks bail on the grounds of prolonged pretrial custody. 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. Jyoti Sharma 2025.07.31 13:45 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 1 CRM-M-29546-2025 6. The petitioner’s counsel submits that the petitioner would have no objection what- soever to any stringent conditions that this Court may impose, including that if the peti- tioner repeats the offense or commits any non-bailable offense which provides for a sen- tence of imprisonment for more than seven years, or commits any offence under the NDPS Act, where the quantity involved is more than half of the intermediate, or commer- cial quantity, or violates S. 19, or 24, or 27-A of the NDPS Act, the State may file an ap- plication to revoke this bail before the concerned Special Judge or Sessions Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 7. The State’s counsel opposes bail and refers to the short reply. REASONING: 8. It shall be appropriate to extract paragraph no. 7 of the short reply dated 30-07- 2025, which reads as follows: “7. That thereafter a valid offer was given to all of them, to get their search conducted in the presence of some Gazzeted officer or Magistrate. Thereupon, the said accused posed faith on the investigating officer. Thereafter, ASI Hardam conducted the personal search of all the accused, along with the search of their personal belongings, i.e. the polythene bag they had discarded. Upon searching accused Manish Kumar, Krishan Kumar @ Gauri no cash or drug money was recovered from both of them. Upon searching accused Gurdeep Singh @ Deepu cash Rs. 2000/- drug money was recovered, which he later accepted that he had sold 4 strips of intoxicant tablets to Manish Kumar Tandon and Krishan Kumar @ Gauri. Upon opening the said bag recovered from Manish Kumar Tandon, Zapiz-0.25 tablets whose salt was Clonazepam were recovered. On counting, a total of 02 strips, each containing 20 tablets, amounting to 40 intoxicant tablets, having batch number K- 2400542, were found.” 9. As per para 11 of the short reply, the name of the drug is Clonazepam, and its weight is 3.16 grams. 10. 3.16 grams of Clonazepam is an offence under the NDPS Act in the following terms: Substance Name Quantity detained Quantity type Jyoti Sharma 2025.07.31 13:45 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 2 CLONAZEPAM 3.16 Gram Small CRM-M-29546-2025 Drug Quantity in % to upper limit of Intermediate 3.16% Drug's Small & Commercial Qty. suggested by Committee report Notification No. & date Expert Committee Report dated 24.03.1995 & 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. 189 Common Name (Name of Narcotic Drug and Psy- chotropic Substance (International non- proprietary name (INN) CLONAZEPAM Other non-proprietary name Chemical Name Small Quantity Commercial Quantity ****** 5-(o-chlorophnyI)-1,3-dihydro-7-nitro- 2H-1,4-benzodiazepin-2-one < 5 Gram > 100 Gram 0 Declared as punishable under NDPS Act and as per schedule defined in S.2(xi) & 2(xxiii) NDPS Act, 1985 Notification No. & dated NDPS Act, 1985 (61 of 1985), S.O. 821(E) 11/14/1985 Sr. No. 38 Common Name (Name of Narcotic Drug and Psy- chotropic Substance (International non- proprietary name (INN) CLONAZEPAM Other non-proprietary name Chemical Name ****** 5-(o-Chlorophenyl)-1, 3-dihydro-7-nitro- 2H-1, 4-benzodiazepin-2-one 11. Given the above, the 3.16 grams of Clonazepam fall in Small Quantity, which is a bailable offence. Jyoti Sharma 2025.07.31 13:45 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 3 CRM-M-29546-2025 12. Per custody certificate dated 30.07.2025, the petitioner’s custody in present FIR is 04 months and 23 days. 13. In Kuldeep Singh alias Keepa v. State of Punjab, CRM-M-60671-2024, Neutral Citation no. 2024-PHHC-170456, Decided on: 18.12.2024, this Court holds, [83]. Consequently, when the contravention under the NDPS Act involves ‘Small Quantity’, the offences are ‘Bailable’. When the drug quantity falls in small category, the offence is bailable by operation of BNSS, 2023. Thus, any person accused of such an offence is entitled to bail without filing any bail ap- plication, subject to furnishing the requisite bail bonds. 14. Resultantly, the order dated 23-04-2025 passed by the Special Court, Ludiana, in PBLD010069682025, is set aside. The petitioner is ordered to be released on personal bonds subject to the satisfaction of the Trial Court/ Concerned Illaqa Magistrate. 15. Petition allowed in terms mentioned above. All pending applications, if any,
Decision
stand disposed of. 31.07.2025 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable: YES. (ANOOP CHITKARA) JUDGE Jyoti Sharma 2025.07.31 13:45 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh 4