CRM-M-27924-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-27924-2025 Reserved on: 01.08.2025 Pronounced on: 27.08.2025 Manish Kumar Tondan @ Mani ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Sumeet Singh Brar, 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 Ludhiana, Punjab 22 of NDPS Act and 111(2) 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 13 of the short reply, the petitioner has the following criminal antecedents: Sr. No. FIR No. Date Offenses Police Station 1. 183 22.11.2017 22 of NDPS Act Payal 2. 59 03.06.2019 22 of NDPS Act Payal 3. 10 29.01.2022 21, 25 of NDPS Act Doraha 4. 148 27.06.2021 15, 29 of NDPS Act Lehra 5. 26 15.02.2024 22 of NDPS Act Sadar Khanna 6. 139 12.12.2023 379, 411 IPC Payal 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 Rs.2000/- drug money from the possession of co-accused Gurdeep Singh @ Deepu, 40 intoxicant tablets from the possession of petitioner and 40 intoxicant tablets from the possession of co-accused Krishan Kumar @ Gauri. In total, 80 intoxicant tablets were recovered. 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. 1 Jyoti Sharma 2025.08.27 17:01 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-27924-2025 5. 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. 6. The State’s counsel opposes bail and refers to the short reply. 7. As per paragraph 7 of the short reply, the name of the contraband is Clonazepam and weight of one tablet is 79 mg/tablet and total weight is 3.16 grams (79x40 tablets), and it constitutes an offense under the following provisions and notifications: 8. Dealing in Clonazepam is an offence under the NDPS Act in the following terms: Substance Name CLONAZEPAM Quantity detained 3.16 Gram Quantity type Small 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 Psychotropic Substance (International non-proprietary name (INN) CLONAZEPAM Other non-proprietary name ****** Chemical Name 5-(o-chlorophnyI)-1,3-dihydro-7- nitro-2H-1,4-benzodiazepin-2-one Small Quantity < 5 Gram 2 Jyoti Sharma 2025.08.27 17:01 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh CRM-M-27924-2025 Commercial Quantity > 100 Gram 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 Psychotropic 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 9. 10. 11. 12. Given the above, the 3.16 grams of Clonazepam fall in Small Quantity, which is a bailable offence. 13. Per custody certificate dated 31.07.2025, the petitioner’s custody in present FIR is 04 months and 24 days. 14. 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. 15. Given the above, petitioner is entitled to bail. The petitioner is ordered to be released on furnishing bonds subject to the satisfaction of the Trial Court/ Concerned Illaqa Magistrate. 16. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 27.08.2025 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable: No. 3 Jyoti Sharma 2025.08.27 17:01 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh