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2022 Supreme(P&H) 118

ANOOP CHITKARA
Bishnu – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Lakhwinder Singh Dandiwal, Advocate, for the Appellant; Mr. Harsimar Singh Sitta, DAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

72

28.07.2022

Jhunir, District Mansa

21, 25, 29 of NDPS Act

1. On being named by the main accused in his custodial interrogation as the seller of the contraband, the petitioner, apprehending arrest for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) per the FIR captioned above had come up before this Court under Section 438 Cr.P.C. seeking anticipatory bail.

2. In paragraph 18 of the bail petition, the accused declares that he has no criminal antecedents; however, Ld. counsel for the petitioner states that inadvertently they were unable to mention one FIR against the petitioner which is under section 506 IPC.

3. On 28-07-2022, the police had recovered 25 grams of heroin from Babli Singh and Goldy Singh, who after their arrest, during their interrogation named accused as its seller.

4. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

5. Ld. counsel representing the State opposes bail.

REASONING:

6. The substance invol

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