Punjab and Haryana High Court Grants Bail to Heroin Possessor
Court Releases Accused on Stringent Conditions, Ensuring No Repetition and Societal Confidence
In a significant decision, the Punjab and Haryana High Court has granted bail to Karandeep Singh, who was arrested in possession of 150 grams of heroin. The judgment, delivered by Justice Anoop Chitkara, acknowledged the petitioner's prolonged pre-trial custody and lack of prior criminal antecedents, leading to the decision to grant bail under stringent conditions.
The case, titled "Karandeep Singh v. State of Punjab," involved the recovery of heroin classified as an intermediate quantity, which falls below the threshold for commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). As a result, the rigorous restrictions of Section 37 of the NDPS Act were deemed not applicable.
The court emphasized the importance of societal confidence and imposed stringent conditions on the bail. These include compliance with statutory bond conditions, surrendering firearms within 15 days, and ensuring no repetition of the offence. The judgment reflects a balance between the accused's liberty and societal safety, as articulated by the Hon'ble Supreme Court in previous judgments.
The court has made it clear that any future involvement of the petitioner in non-bailable offences or any offences under the NDPS Act involving quantities exceeding half of the intermediate or commercial quantity will lead to the revocation of bail. This decision is a significant step in ensuring that bail conditions serve their intended purpose without infringing on the accused's rights.
The judgment also highlighted the philosophy of bail, emphasizing the conflict between police power and the presumption of innocence. It addressed the issue of prolonged trial durations and the impact on the accused's fundamental rights under Article 21 of the Constitution.
The Punjab and Haryana High Court's decision underscores the judicial system's commitment to both individual rights and societal safety, setting a precedent for handling similar cases in the future.
Bottom Line:
NDPS Act, 1985 - Bail granted to accused in possession of intermediate quantity of heroin (150 grams) - Rigors of Section 37 of NDPS Act, 1985 not applicable - Court imposed stringent conditions to ensure no repetition of offence and societal confidence.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21(b), 27A, 37; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Karandeep Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2783781
