NDPS (Small Quantity) ના ગુના માં જામીન માટે ની દલીલો . નોંધી લેજો .

DRAFT BAIL ARGUMENTS — NDPS (Small Quantity)

IN THE HIGH COURT OF PUNJAB & HARYANA
(Criminal Misc. Bail Petition No. … of 20…)
In the matter of:
…Petitioner …
vs.
State of Punjab/Haryana …Respondent

1. Introductory Submission

1. That the petitioner stands charged under Section 8(c) of the NDPS Act read with Section 20(b)(2)(A) and 29 of the NDPS Act, 1985.

2. The only alleged incriminating circumstance is small quantity recovery or implication based on co-accused disclosure, and the petitioner has no history of trafficking or prior convictions.

2. On Applicability of Section 37 NDPS Act

a. Section 37 NDPS Act — Statutory Bail Bar Applies Only to Commercial Quantity
– It is now settled that the stringent bail bar under Section 37 NDPS Act applies only insofar as the offence involves commercial quantity or quantities specified in the statute.
– The Punjab & Haryana High Court, in Kuldeep Singh alias Keepa vs. State of Punjab (Neutral Citation: 2024:PHHC:136067) held that offences involving small quantities are not meant to be included in the non-bailable list simply because the heading of Section 37 uses broad language; the actual statutory scheme clearly differentiates.

3. On Small Quantity Being Bailable

a. Statutory Basis for Bail
– The First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (analogous to Section 438/CrPC bailability regime) classifies offences punishable with less than 3 years of imprisonment as bailable.
– Section 20(b)(2)(A) NDPS prescribes a maximum of 1 year imprisonment and/or fine, squarely placing it within that category.

b. Judicial Recognition by the High Court
– In the Kuldeep Singh case, the High Court observed that:

• “If all NDPS offences were to be treated as non-bailable merely on the basis of the heading of Section 37, that would defeat legislative intent and create absurd results.”

• The classification into small, intermediate and commercial demonstrates legislative intent for differential bail treatment.

4. On Section 29 (Conspiracy) Not Altering Bail Position

1. Section 29 NDPS Act only provides for conspiracy/abetment but prescribes no independent elevated punishment beyond what the substantive offence itself attracts.

2. Therefore, when the substantive offence is under small quantity provisions (with punishment up to 1 year), the effect of Section 29 cannot convert the offence into a commercial or non-bailable category by itself.

5. On Confessional Statements / Prima Facie Evidence

1. Where the only basis of implication is a co-accused’s disclosure statement, this by itself cannot constitute strong evidence to deny bail.

2. No independent recovery or admissible evidence links the petitioner directly, and mere statements cannot justify denial of bail in small quantity cases.

6. On Liberty and Proportionality (Constitutional Grounds)

1. The right to liberty under Article 21 of the Constitution cannot be curtailed mechanistically when the statutory scheme itself does not envisage a non-bailable offence.

2. The bail bar under Section 37 NDPS must yield to constitutional protections where the statutory punishment regime is low and the prosecution’s evidence is weak.

7. Additional Supporting Principles

1. First-Time Offender / No Criminal Antecedents: The petitioner has no prior criminal history, enhancing the case for bail.

2. No Likelihood of Absconding: Appropriate conditions (e.g., personal surety, periodic reporting, travel restrictions) can suffice.

3. No Threat to Public Order: Small quantity possession does not pose a threat warranting continued detention.

🧾 PRAYER

In light of the above submissions and established High Court authority, it is most respectfully prayed that the present bail application be:

• Allowed, and

• The petitioner be granted (anticipatory/regular) bail on such terms and conditions as this Hon’ble Court may deem fit and appropriate.

📌 Relevant Case Citation

• Kuldeep Singh alias Keepa vs. State of Punjab, Punjab & Haryana High Court (Neutral Citation No.: 2024:PHHC:136067): Held that small quantity NDPS offences are bailable and that Section 37 bail bar does not automatically apply to such case