CRM-M-43751-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43751-2025 Reserved on: 08.09.2025 Pronounced on: 29.09.2025 Chamkaur Singh ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Ramandeep Kaur, Advocate for Mr. Monty Goyal, Advocate for the petitioner. Ms. Pooja Nayar Sharma D.A.G., Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 59 17.05.2025 Sadar Raikot, District Ludhiana Rural 22, 61, 85 of NDPS Act (Section 29 of NDPS Act added later on) 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 15 of the bail application and paragraph 12(F) of the status report, the petitioner has the following criminal antecedents: Sr. No. FIR No. Date Offenses Police Sta- tion 1. 137 29.11.2021 21, 22, 25, 29/61/85 of NDPS Act Sadar Raikot 2. 136 06.09.2023 22, 25, 29/61/85 of NDPS Act Sadar Raikot 3. 08 17.01.2024 21, 22/61/85 of NDPS Act Sadar Dakha 4. 31 11.04.2024 21, 25, 29/61/85 of NDPS Act Sadar Raikot 5. 156 19.12.2024 22, 25/61/85 of NDPS Act Sadar Raikot 3. The facts and allegations are taken from the status report filed by the State. On 17- 05-2025, based on secret information, the Police seized 39 tablets containing Alprazolam from the possession of the main accused Navjot Singh. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023. 4. During custodial interrogation, the main accused, Navjot Singh, confessed before the Police officer that he had purchased the drugs from the petitioner. Based on such 1 Jyoti Sharma 2025.09.29 17:17 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-43751-2025 confession before the police, the petitioner was arraigned as an accused. Apprehending arrest, he filed for anticipatory bail from the Sessions Court, which denied him bail. Feeling aggrieved, he has invoked the concurrent jurisdiction of this Court under S. 482 BNSS, 2023. 5. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. 6. The petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence 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 commercial quantity, or violates S. 19, or 24, or 27-A of the NDPS Act, the State may file an application to revoke this bail before the concerned 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 status report. 8. It would be appropriate to refer to the following portions of the status report, which read as follows: “The name and total weight of the drug. 39 Alprazolam tablets IP 0,5, Total weight 39x121= 4.719 grams” 9. As per paragraph 12-A of the status report, the contraband is 4.719 grams of Alprazolam. 10. Dealing in 4.719 grams of Alprazolam in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications: Substance Name ALPRAZOLAM Quantity detained 4.719 Gram Punishable U/s S.22(a) of NDPS Act, 1985 Quantity type Small Drug Quantity in % to upper limit of Intermediate 4.72% 2 Jyoti Sharma 2025.09.29 17:17 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-43751-2025 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. 178 Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) ALPRAZOLAM Other non-proprietary name ****** Chemical Name 8-chloro-1-methyl-6-phenyl-4H-s- triazolo[4,3-a][1,4]benzodiazepine Small Quantity < 5 Gram Commercial Quantity > 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. 30 Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) ALPRAZOLAM Other non-proprietary name ****** Chemical Name 8-Chloro-1-methyl-6-phenyl-4H-s-triazolo [4, 3-a] [1, 4] benzodiazepine 11. Given the above, the 4.719 grams of Alprazolam falls in Small Quantity, which is a bailable offence. 12. 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 application, subject to furnishing the requisite bail bonds. 3 Jyoti Sharma 2025.09.29 17:17 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-43751-2025 13. Resultantly, the order dated 10.07.2025 passed by the Judge, Special Court, Ludhiana, is set aside. 14. The evidence collected might be prima facie sufficient to launch prosecution or even to frame the charges; however, the offence is bailable. 15. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the Arresting Officer, and if the matter is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Officer/Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 16. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 17. The bail order is subject to the petitioner’s complying with the following terms. 18. The petitioner is directed to join the investigation within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investigator. The petitioner shall be in deemed custody for Section 27 of the Indian Evidence Act, 1872/ Section 23 of BSA, 2023. The petitioner shall join the investigation as and when called by the Investigating Officer or any Superior Officer and shall cooperate with the investigation at all further stages as required. In the event of failure to do so, the prosecution will be open to seeking cancellation of the bail. During the investigation, the petitioner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 19. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offense in this FIR, and if the new section prescribes a maximum sentence that is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a sentence exceeding the maximum sentence prescribed in the sections mentioned above; then, in that case, the Investigator/Officer-In-Charge shall give the petitioner notice of a minimum of seven days, providing an opportunity to avail the remedies available in law. 4 Jyoti Sharma 2025.09.29 17:17 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-43751-2025 20. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. It is clarified that this bail order shall not be considered as a blanket bail order in any other matter and is only limited to granting bail in the FIR mentioned above. 22. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. 23. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 29.09.2025 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable: No. 5 Jyoti Sharma 2025.09.29 17:17 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh