The High Court granted regular bail to the petitioner accused of possessing 250 grams of heroin, noting that possession in a transparent bag is suspicious and the quantity may not exceed the commercial threshold, pending examination of witnesses.
Regular bail granted upon furnishing bail/surety bonds to the satisfaction of the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court for the States of Punjab and Haryana At Chandigarh
CRM-M-23809-2024 (O&M) Date of Decision:-28.10.2024
Rajji @ Raji … Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. L.S. Sekhon, Advocate for the petitioner.
Mr. Siddharth Attri, AAG, Punjab.
| FIR No. | Dated | Police Station | Section/s |
|---|---|---|---|
| 16 | 8.2.2024 | Haibbowal, District Ludhiana |
21 and 29 of NDPS Act |
GURVINDER SINGH GILL, J . (Oral)
GEETA RANI 2024.10.29 18:53 I attest to the accuracy and authenticity of this document
CRM-M-23809-2024 (O&M) ( 2 )
carrying contraband in such a manner where his detection could be easily possible. It has been submitted that an accused would rather take all necessary steps to conceal the contraband in case any such accused is to indulge in commission of such offences. Learned counsel for the petitioner further submitted that in the instant case the quantity of contraband recovered i.e. 250 grams of ‘ heroin ’ would not qualify to be termed as a ‘commercial’ quantity inasmuch as per Section 2 of sub Section 7(a) of NDPS Act, it is only such quantity which exceeds 250 grams which could be termed as a ‘commercial’ quantity. Learned counsel in order to hammer forth his aforesaid submissions places reliance upon judgments passed by this Court in CRM-M-811-2014 titled Iqbal Singh Vs. State of Punjab, decided on 10.2.2014; in CRM-M-52950-2021 titled Iqbal Singh Vs. State of Punjab, decided on 9.3.2022 and in CRM-M-18084-2023 titled Makhan Vs. State of Punjab, decided on 4.10.2023 .
GEETA RANI 2024.10.29 18:53 I attest to the accuracy and authenticity of this document
CRM-M-23809-2024 (O&M) ( 3 )
that it is only the quantity exceeding 250 grams, which could be termed as ‘commercial’ quantity. Still further the fact that the petitioner is alleged to be carrying the contraband in a transparent polythene bag also to same extent raises suspicion inasmuch as any accused would normally take all such precautions to avoid his detection and would not rather move about carrying contraband, which could be visible to all passer-byes. The petitioner, in any case, has been behind bars for a substantial period of about 8 months and 13 days and given the fact that the recovered contraband would rather fall in the category of ‘commercial’ quantity in view of ratio of the aforesaid judgments, the instant petition merits acceptance and is hereby accepted and the petitioner is ordered to be released on regular bail on her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
| 28.10.2024 | ( Gurv | inder Singh Gill ) | |
|---|---|---|---|
| Geeta/P | Judge | ||
| Whether speaking /reasoned | Yes / No | ||
| Whether Reportable | Yes / No |
GEETA RANI 2024.10.29 18:53 I attest to the accuracy and authenticity of this document
3 issues framed by the court
Whether bail should be granted in a case involving possession of 250 grams of heroin alleged to be carried in a transparent polythene bag.
Whether the recovered quantity qualifies as a commercial quantity under the NDPS Act for the purpose of bail considerations.
Whether repeated arrests or prior criminal records are relevant to the bail decision when none of the prosecution witnesses have been examned.
1 provisions across 1 enactments
Rajji @ Raji
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
