Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Acts
  • Section 20 of NDPS Act, Police Station
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Acts
  • Section 20 of NDPS Act, Police Station
Smart Summary

Structured Summary of the Provided Opinion

Factual and Procedural Background

The petitioner applied for regular bail in connection with FIR No.152 dated 27.2.2019 registered under Section 20 of the NDPS Act at Police Station Model Town, District Panipat. The allegation was that the petitioner was found in possession of 750 grams of charas.

The court noted that the quantity alleged (750 grams) falls within the intermediate quantity category (i.e., less than the commercial quantity), and therefore, the "fetters of Section 37 NDPS Act shall not be attracted" (as recorded in the opinion). The learned State counsel informed the court that a challan has been presented (referenced as CRM-M-27867-2019) and that the petitioner is not wanted in any other case.

Legal Issues Presented

  1. Whether the petitioner should be granted regular bail in FIR No.152 dated 27.2.2019 under Section 20 of the NDPS Act.
  2. Whether the alleged possession of 750 grams of charas—an intermediate quantity—renders the petitioner ineligible for bail due to the operation of Section 37 of the NDPS Act (the opinion states that the fetters of Section 37 are not attracted in such circumstances).

Arguments of the Parties

State's Arguments

  • The challan has already been presented (document/reference CRM-M-27867-2019).
  • The petitioner is not wanted in any other case.

The opinion does not contain a detailed account of any specific submissions by the petitioner or other arguments beyond the brief attendance and representation noted on record.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court's reasoning as recorded in the opinion proceeds in concise steps grounded in the facts before it:

  • The alleged quantity of contraband (750 grams of charas) is classified in the opinion as an intermediate quantity—explicitly noted to be less than the commercial quantity.
  • On that basis the opinion states that the fetters of Section 37 of the NDPS Act do not apply to this case (the opinion records this conclusion without expanding on Section 37's statutory framework).
  • The learned State counsel informed the court that the challan has been presented and that the petitioner is not wanted in any other case—facts which the court treated as relevant to the question of continuing detention and risk of absconding or interference with the investigation.
  • Balancing these factual circumstances, the court concluded that continuing the petitioner's detention would not serve any fruitful purpose and that release on regular bail was appropriate.

The analysis is concise and fact-focused: the intermediate quantity classification, the presentation of the challan, and the absence of any other cases in which the petitioner is wanted formed the factual and legal basis for granting bail.

Holding and Implications

Holding: The petitioner is ordered to be released on regular bail, subject to his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

Implications:

  • The immediate consequence is the petitioner's release on regular bail upon compliance with the specified bond requirements.
  • The opinion is a case-specific order applying the court's assessment of the facts (intermediate quantity, challan presented, no other cases) to permit bail; the text does not announce or rely upon any cited precedent nor does it articulate any new legal principle beyond its application to these facts.
To access the original judgment, please Sign In or Subscribe.

    JAI BHAGWAN v. STATE OF HARYANA

    **** Present: Mr. Anil Kumar Malik, Advocate for the petitioner. Mr. Ashok Singh Choudhary, Addl. A.G., Haryana assisted by SI Rajpal. **** GURVINDER SINGH GILL , J. (ORAL)

    1. The petitioner seeks grant of regular bail in case registered vide FIR No.152 dated 27.2.2019 under Section 20 of NDPS Act, Police Station Model Town, District Panipat.

    2. The allegations in nut-shell are that the petitioner was found in possession of 750 grams of Charas.

    3. The aforesaid quantity would fall within intermediate quantity i.e. less than the commercial quantity and in these circumstances, the fetters of Section 37 NDPS Act shall not be attracted.

    4. The learned State counsel has pointed out that challan has already ( 2 ) CRM-M-27867-2019 been presented and the petitioner is not wanted in any other case.

    5. Having regard to the abovesaid facts and circumstances and bearing in mind the fact that the petitioner is not wanted in any other case, in my opinion, no fruitful purpose would be served by further detaining the petitioner behind bars. Accordingly, petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. ( GURVINDER SINGH GILL) 9.7.2019 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No

    Use AI to get other relevant cases.

    Comments

    JAI BHAGWAN v. STATE OF HARYANA
    (Jul 9, 2019)