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2022 Supreme(P&H) 311

ANOOP CHITKARA
Ravinder Singh @ Ravi – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. R.P. Dhir, Advocate, for the Appellant; Mr. Harsimar Singh Sitta, DAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

16

01.04.2022

Kahnuwal, District Gurdaspur

18(b), 27(a) of the NDPS Act, 1985

1. The petitioner under arrest for violating the provisions as mentioned above of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), per the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply.

2. In paragraph 7 of the bail application, the accused declares the following criminal antecedents:

Sr. No.

FIR No.

Date

Offences

Police Station

1.

93

11.06.2017

15 of NDPS Act

Division No.2, Distt. Pathankot

2.

74

22.06.2021

323, 324, 325, 326, 427, 34 IPC

Bengowal, Distt, Kapurthala

3.

130

27.10.2021

15 of NDPS and Sections 420, 482, 467, 468, 471 IPC

Bhogpur, Distt. Jalandhar

3. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. While opposing the bail, Ld. counsel representing the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.

REASONING:

5. In Maulana Mohd Amir Ra

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