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2022 Supreme(P&H) 120

ANOOP CHITKARA
Babli – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Tribhawan Singla, Advocate, for the Appellant; Mr. B.S. Sewak, Addl. AG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

0106

22.05.2022

City Rajpura,

District Patiala

21 & 22 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 CrPC seeking anticipatory bail.

2. In paragraph 12 of the bail petition, the accused declares that he has no criminal antecedents.

3. The police intercepted a video on WhatsApp in which 5-6 women were shown to be selling intoxicants. Based on this the police identified the petitioner to be one such woman. The police also recovered 10 grams of heroin.

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 the bail.

REASONING:

6. Thus, the quantity allegedly involved in this case is not commercial. Given this, the rigours of S. 37 of the NDPS Act do n

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