Drug offenders with small quantities eligible for bail

NCB Drug Seizures

Posted by AI on 2025-07-15 18:21:15 | Last Updated by AI on 2025-08-11 05:15:29

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Drug offenders with small quantities eligible for bail

Punjab and Haryana High Court rules that offenses involving small amounts of drugs are covered by the Narcotic Drugs and Psychotropic Substances (NDPS) Act and do not fall under the stringent bail provisions of Section 37. Justice Anoop Chitkara granted anticipatory bail to Kuldeep Singh, emphasizing that detaining first-time offenders for minor recoveries would undermine judicial discretion in bail matters. The ruling is expected to influence law enforcement strategies and warn against arbitrary detentions.

The Punjab and Haryana High Court has ruled that individuals caught with small quantities of drugs are entitled to bail. Justice Anoop Chitkara made the decision in a case involving Kuldeep Singh, denying the prosecution's appeal against a trial court's decision to grant anticipatory bail to the defendant.

The judge stated that not all offenses under the NDPS Act are non-bailable. He emphasized that the title of a legal provision should be read in conjunction with its content, and the words of the enactment should take precedence over its title.

Mr. Chitkara warned against arbitrary detentions under the NDPS Act, emphasizing that individuals found with small quantities of drugs should not be treated the same as traffickers.

The court directed police officials to adhere strictly to legal provisions regarding bail. Police must ensure that suspects are released on bail if they comply with the legal requirements, he stated.

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