Sunil Alias Sunny Alias Fighter v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections

02.05.2025 Bhattu Kalan, Distt. Fatehabad 21(b) of NDPS Act (Section 27-A of NDPS Act added later on)

¶1The 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.

¶2As per paragraph 15 of the bail application, the accused has the following criminal antecedents: FIR No. Year Offenses Police Station

¶12023 147, 148, 149, 323, 341, 506 IPC Bhattu Kalan

¶22023 324, 325, 323, 341, 506, 34 IPC, 3 SC/ST Act GRP, Hisar

¶32024 147, 148, 149, 323, 325, 506 IPC Sadar Fatehabad

¶3Vide order dated 29.05.2025, the petitioner was granted interim bail, which is continuing till date.

¶4The facts and allegations are taken from the order dated 22.05.2025 passed by the trial Court dismissing the bail application of the petitioner. On 02.05.2025, based on chance recovery, the Police seized 8.04 grams heroin from the possession of co-accused, namely Sheri @ Kalu. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023.

¶5During custodial interrogation, the main accused, Sheri @ Kalu, confessed before the Police officer that he had purchased the drugs from the petitioner. Based on such 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.

¶6The 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 his family.

¶7The 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.

¶8The State's counsel opposes bail on instructions. REASONING:

¶9As per the FIR, the name of the contraband is heroin and its weight is 8.04 grams.

¶10Dealing in heroin in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications: Substance Name Heroin/ Chitta/ Smack/ Brown Sugar/ Diacetylmorphine Quantity detained

8.04 Gram Punishable U/s S.21(b) of NDPS Act, 1985 Quantity type Intermediate 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 Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) Heroin Other non-proprietary name ****** Chemical Name Diacetylmorphine Small Quantity < 5 Gram Commercial Quantity > 250 Gram Declared as punishable under NDPS Act and as per schedule defined in S.2(xi) & 2(xxiii) NDPS Act, 1985 Notification No. & dated S.(xvi)(d) NDPS Act, 1985 (61 of 1985), S.O. 821 (E) 11/14/1985 2(xvi)(d) Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) ****** Other non-proprietary name ****** Chemical Name 2(xvi)(d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts; Explanation.-- For the purposes of clauses (v) (vi), (xv) and (xvi) the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less percentage: Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribed, by rules, any other basis which it may deem appropriate

¶11Given this, the rigors of S. 37 of the NDPS Act do not apply in the present case.

¶12Section 2 (vii-a) of the NDPS Act defines commercial quantity as greater than the quantity specified in the schedule. Section 2 (xxiii-a) defines a small quantity as a quantity less than the quantity specified in the table of the NDPS Act. The remaining quantity falls in an undefined category, generally called an intermediate quantity. All sections in the NDPS Act specify an offence and mention the minimum and maximum sentence, depending upon the quantity of the substance. The commercial quantity mandates a minimum sentence of ten years of imprisonment and a minimum fine of Rupees One hundred thousand, and bail is subject to the riders mandated in S. 37 of the NDPS Act. When the quantity is less than commercial, the restrictions of Section 37 of the NDPS Act will not attract, and the factors for bail become similar to the offence regular statutes.

¶13The petitioner was granted interim bail vide order dated 29.05.2025 and during the interregnum, there is no allegation that he had intimidated the witnesses or that he had hampered the investigation, or despite being called to join the investigation, he did not appear before the investigator. Given the above, there would be no justification to discontinue the interim protection, and the same is made absolute subject to the petitioner complying with the terms of the bail order and the following additional condition.

¶14The petitioner is directed to join the investigation 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.

¶15Petition allowed. Interim order dated 29-05-2025 is made absolute in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

27.08.2025 Jyoti-II

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 27.08.2025 Sunil @ Sunny @ Fighter ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Ramnish Puri, Advocate, for the petitioner. Mr. Atul Gaur, AAG, Haryana. ****