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ANOOP CHITKARA
Surinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
50 | 08.03.2022 | Kharar, District SAS Nagar | 22/61/85 of 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 rigors of S. 37 of NDPS Act do not apply.
2. In paragraph 16 of the bail petition, the accused declares that he has no criminal antecedents.
3. On receipt of information that the persons who selling injections containing intoxicants would be going on their bike. If picketing is installed, they can be apprehended. Out of recovery of 13 injections only one injection was allegedly recovered from the petitioner. The grievance of the petitioner is that he has been attributed remaining injections, which were in possession of the co-accused and he had prima facie not aware about that.
4. Learned Senior counsel for the petitioner submits that although total 30 injections of Buprenorphine were recovered but only one injection was recovered from the petitioner,
The main legal point established in the judgment is that the applicability of bail under the NDPS Act depends on the categorization of the quantity of contraband and the specific circumstances of the....
The main legal point established in the judgment is that when the quantity of contraband is less than commercial, the restrictions of Section 37 of the NDPS Act do not apply, and the court must consi....
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 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 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 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 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 ....
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 involved, the petitioner's personal circumstances, and the legal principles emerging from the law relating to rigors of S.37 of NDPS ....
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