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