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ANOOP CHITKARA
Balvir Kaur @ Biro – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
16 | 26.01.2022 | City Nawanshahar, District Shaheed Bhagat Singh Nagar, Punjab. | 22 of NDPS Act |
1. The petitioner, a woman aged 46 years, 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 Cr.P.C 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 11 of the petition, it is declared that the accused has no criminal history.
3. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. On instructions from ASI Birender Kumar, Ld. counsel appearing for the State contends that grant of bail encourages the drug peddlers, and the drug menace is spreading day by day.
REASONING:
5. The police recovered 5 injection ampules, 02 ml each, of Omgesic. Primafacie, the total weight/quantity of liquid substance 'Buprenorphine' in 5 injections would come out to be 10 ml/grams. The substance Buprenorphine finds mentioned at
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 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 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 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 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 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....
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