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ANOOP CHITKARA
Prem Singh @ Kala Pehalwan – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 64 | 04.07.2022 | Verka, District Police Commissionerate Amritsar, Punjab | 411, 414 IPC, 21/22/25/29 of NDPS Act and (Sections 27-A of NDPS Act added later on) 25 (8) of Arms Act, 1959 |
1. 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 Cr.P.C. seeking bail on 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 10 of the present petition, the petitioner declares the following criminal history:-
| Sr. No. | FIR No. | Dated | Police Station | Sections |
| 1 | 132 | 17.07.2022 | Gate Hakima, Distt. Amritsar | 25 of Arms Act |
3. Ld. Counsel for the petitioner submits that the co-acused/Gursewak Singh @ Baba and Rajbir Singh @ Ra
The court's decision was influenced by the provisions of the NDPS Act, the definitions of commercial quantity and small quantity, and the principles governing bail decisions for accused with a crimin....
The court's decision emphasizes the importance of considering the quantity of contraband, criminal antecedents, and the possibility of influencing the investigation in bail decisions, and the need fo....
The main legal point established in the judgment is that the quantity of contraband and the petitioner's criminal history must be considered in conjunction with specific circumstances to determine ba....
The court's decision is based on the interpretation of the NDPS Act, specifically regarding the quantity of contraband and the petitioner's criminal history.
The court emphasized the need for judicious consideration of bail applications involving individuals with criminal history and the importance of considering the quantity of contraband in relation to ....
In narcotics cases, if the quantity is below the commercial threshold, stringent bail conditions of the NDPS Act do not apply, allowing for bail under standard criteria.
The court emphasized the need for judicious consideration of bail petitions for accused with a criminal history and highlighted the provisions of the NDPS Act regarding the quantity of contraband.
The main legal point established in the judgment is that the rigours of Section 37 of the NDPS Act do not apply when the quantity of contraband is less than commercial, and bail petitions for accused....
The main legal point established in the judgment is the judicious consideration of bail petitions for accused with a criminal history and the imposition of stringent conditions to prevent further cri....
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