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2022 Supreme(P&H) 721

ANOOP CHITKARA
Kelvin Emeka @ Kevin Emeka – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Rahul Sharma, Advocate for Mr. Vishnu Dutt, Advocate for the petitioner., for the Appellant; Mr. Harsimar Singh Sitta, DAG, Punjab., for the Respondent

JUDGMENT

Anoop Chitkara, J. - 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 rigours of S. 37 of NDPS Act do not apply.

FIR No.

Dated

Police Station

Sections

17

27.01.2021

STF, Phase 4 Mohali

21-B/61/85 of NDPS Act and section 14 of Foreigners Act, 1946

2. In paragraph 11 of the bail petition, the accused declares that he has no criminal antecedents.

3. On Jan 29, 2021, the police had allegedly recovered 50 grams of heroin from the petitioner.

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 bail.

REASONING:

6. The substance involved in the present case is Heroin [Diacetyl morphine], and weighs 50 grams. The entry no. 56 of the table specifying small and commercial quanti

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