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2022 Supreme(P&H) 751

ANOOP CHITKARA
Manjit Kaur Alias Soni – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Ms. Shreya Rana, Advocate for Mr. Vijay Rana, Advocate for the petitioner., for the Appellant; Mr. Jashandeep Singh, AAG, 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.

FIR No.

Dated

Police Station

Sections

34

04.04.2021

Sadar Phagwara, Distt. Kapurthala

22 of NDPS Act, 1985

2. In Note (ii) of the bail petition, the accused declares that he has no criminal antecedents of NDPS offences.

3. The police had recovered 25 vials of Buprenorphine and 25 vials of Maleate injections from the petitioner's possession.

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 quantity allegedly involved in this case is commercial. Given this, the rigours of S. 37 of the NDPS Act apply in the present case. The burden is on the pet

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