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2022 Supreme(P&H) 1326

ANOOP CHITKARA
Vishav @ Bhanu – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Amandeep Singh, Advocate, Rana Harjasdeep Singh, Advocate

JUDGMENT

Anoop Chitkara, J. -

 

Dated

Police Station

Sections

180

29.11.2021

PAU, District Ludhiana

326, 323, 148, 149 IPC

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. Para 14 of the bail petition mentions the following criminal history:

 

FIR No.

Date

Offences

Police Station

1.

137

24.09.2021

Under NDPS Act

Daba

3. Learned counsel for the petitioner has argued that the police sought petitioner?s arrest because he was named by one of the co-accused. Learned Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. Learned counsel for the State has opposed the bail on the grounds that the petitioner is a habitual offender and is also involved in another case under the NDPS Act.

REASONING:

5. In Gurbaksh Singh Sibbia v State of Punjab, 1980 (2) SCC 565, (Para 30), a Constitutional Bench of Supreme Court he

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