'Small-quantity drug offenders eligible for bail under NDPS Act'

In a significant ruling, the Punjab and Haryana High Court has held that individuals caught with small quantities of drugs are entitled to bail, a decision that could impact law enforcement practices under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

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Justice Anoop Chitkara, while granting anticipatory bail to Kuldeep Singh alias Keepa, stated that offences involving small quantities of drugs do not fall under the stringent bail provisions of Section 37 of the NDPS Act. The court noted that detaining first-time offenders for minor recoveries would undermine judicial discretion in bail matters.

Kuldeep Singh had sought anticipatory bail after being implicated in a case under Section 21(a) of the NDPS Act, based on the alleged confession of a co-accused. According to the prosecution, police in Talwandi Sabo, Bathinda district, recovered one gram of heroin from Gurdeep Singh on October 18, 2024. During questioning, Gurdeep allegedly stated that he had purchased the drug from Kuldeep, leading to his implication. The trial court denied anticipatory bail, prompting Kuldeep to approach the high court. His counsel argued that the confession, made to a police officer, was inadmissible as evidence. Moreover, since the recovered quantity was categorized as "small" under the NDPS Act, the Moreover, since the recovered quantity was categorised as “small” under the NDPS Act, the offence should be considered bailable.