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ANOOP CHITKARA
Ravinder Singh @ Ravi – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. definition of commercial vs small quantity under ndps act. (Para 1 , 8 , 9) |
| 2. arguments regarding the irreversible injustice of pre-trial incarceration. (Para 3 , 4) |
| 3. judicial responsibility in assessing criminal history and bail considerations. (Para 5 , 6 , 7 , 10 , 14) |
| 4. balance between accused's rights and conditions for bail. (Para 13 , 29) |
| 5. conditions for bail and procedures for release. (Para 17 , 18 , 20 , 26) |
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, Kapu |
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