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2022 Supreme(P&H) 747

ANOOP CHITKARA
Patasho Devi Alias Tasho – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Mr. Vivek Aggarwal, Advocate for the petitioner., for the Appellant; Mr. Rajat Gautam, DAG, Haryana., 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.

FIR No.

Dated

Police Station

Sections

148

02.03.2022

City Rohtak, Distt. Rohtak

20(b)(ii) C of NDPS Act

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

3. The police had recovered 32 kilograms of Ganja from Sanjay, who was arrested and during his interrogation made disclosures before the police that they had sold one quital of Ganja to the petitioner which she had destroyed.

4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

5. While opposing the bail, the contention on behalf of the State is that the quantity of contraband involved in the case falls in the commercial category.

REASONING:

6. The substance involved in the present case is Ganja, and

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