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ANOOP CHITKARA
Sunny – Appellant
Versus
State Of U. t. Chandigarh – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
61 | 21.03.2022 | Central Sector-17, Chandigarh | 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 |
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 13 of the bail petition, the accused declares that he has no criminal antecedents.
3. The petitioner is under arrest for possessing 860 grams of charas.
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 Charas, and weighs 860 grams. Entry no. 23 of the table specifying small and commercial quantities specifies the quantity greater than 1 kg as commercial quantity and lesser than 100 grams as small.Given this, the rigours of S. 37 of the NDPS Act do not ap
The main legal point established in the judgment is that the rigours of S. 37 of the NDPS Act do not apply when the quantity of contraband falls within an intermediate category, and the principles fo....
The main legal point established in the judgment is the interpretation of the provisions of the NDPS Act, particularly the definitions of commercial and small quantities, and the applicability of Sec....
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 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 court's decision was influenced by the provisions of the NDPS Act, the definitions of commercial quantity and small quantity, and the principles governing bail decisions for accused with a crimin....
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 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 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 quantity of the substance, the petitioner's cooperation in the investigation, and the potential for imposing stringent conditions to address concerns about influencing the investigation and intim....
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