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ANOOP CHITKARA
Pankaj Dalal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
430 | 04.12.2021 | Sector-6, Bahadurgarh, Distt. Jhajjar, Haryana | 20 of NDPS Act |
1. The petitioner under arrest for violating the provisions as mentioned above of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), as 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 9 of the bail petition, the accused declares that he has no criminal antecedents.
3. The police allegedly recovered 2 kgs and 515 grams of ganja.
4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
5. Ld. counsel representing the State opposes the bail.
REASONING:
6. The substance involved in the present case is Ganja, and weighs 2 kgs and 515. Entry no. 55 of the table specifying small and commercial quantities specifies the quantity greater than 20 kg as commercial quantity and lesser than 1000 gram as small.Given this, the rigours of S. 37 of the NDPS Act do not apply in the present case.
7. S
The main legal point established in the judgment is the interpretation and application of bail provisions under the NDPS Act, particularly in cases involving quantities falling within undefined categ....
The main legal point established in the judgment is the interpretation and application of the NDPS Act, particularly S. 37, in granting bail and imposing conditions to balance the accused's liberty a....
The main legal point established in the judgment is that the rigours of the NDPS Act may not apply when the quantity of contraband is less than commercial, and the court has the discretion to grant b....
The court exercises its discretion in granting bail based on the quantity of drugs involved, the accused's criminal history, and the need for course correction. The court also imposes stringent condi....
The main legal point established in the judgment is the application of S. 37 of the NDPS Act in cases involving commercial quantities of contraband and the considerations for granting bail under such....
The main legal point established in the judgment is that the applicability of bail provisions under the NDPS Act depends on the quantity of contraband and the specific circumstances of the case, as i....
The main legal point established in the judgment is that the rigours of Section 37 of the NDPS Act do not apply when the quantity of contraband is less than commercial, and bail petitions for accused....
The court's decision was influenced by the quantity of contraband, the petitioner's criminal history, and relevant case laws in determining the applicability of S. 37 of the NDPS Act and granting bai....
The court emphasized the need for judicious consideration of bail applications involving individuals with criminal history and the importance of considering the quantity of contraband in relation to ....
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