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2022 Supreme(P&H) 1397

ANOOP CHITKARA
Rakesh Kumar @ Babbu – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mikhil Kad, Advocate, Aditya Kapoor, Advocate

JUDGMENT

Anoop Chitkara, J. -

FIR No.

Dated

Police Station

Sections

106

22.08.2022

City Dhuri, Distt. Sangrur

304, 34 IPC and 21, 29, 31 of NDPS Act

1. The petitioner incarcerated for violating the above-mentioned provisions 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 bailon the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply.

2. In paragraph 12 of the bail application, the accused declares the following criminal antecedents:

Sr. No.

FIR No.

Date

Offences

Police Station

1

2

03.01.2020

22, 29 of NDPS Act

-

2

347

31.10.2016

15 of NDPS Act

City Barnala

3. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. Petitioner's counsel further states that a compromise has been effected between the parties.

4. While opposing the bail, the State contends that given the criminal past, the accused i

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