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ANOOP CHITKARA
Makhan Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J. -
FIR No.
Dated
Police Station
Sections
240
30.09.2022
Sadar Tohana, District Fatehabad
18, 27-A and 29 of NDPS Act
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 CrPC 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 12 of the bail petition, the accused declares that he has no criminal antecedents.
3. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. The State opposes bail.
REASONING:
5. A recovery of 300 grams of opium was made from the petitioner.
6. Given this, the rigours of S. 37 of the NDPS Act do not apply in the present case.
7. Section 2 (vii-a) of the NDPS Act defines commercial quantity as the quantity greater than the quantity specified in the schedule. Section 2 (xxiii-a) defines small quantity as a quantity less than the quantity specified in the table of the NDPS Act. The remaining quantity falls in an undefi
The main legal point established in the judgment is the interpretation and application of the NDPS Act, particularly S. 37, in granting bail and imposing conditions to balance the accused's liberty a....
The main legal point established in the judgment is that the rigours of the NDPS Act may not apply when the quantity of contraband is less than commercial, and the court has the discretion to grant b....
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 main legal point established in the judgment is that when the quantity of contraband is less than commercial, the restrictions of Section 37 of the NDPS Act do not apply, and the court must consi....
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 main legal point established in the judgment is the interpretation and application of bail provisions under the NDPS Act, particularly in cases involving quantities falling within undefined categ....
The court's decision was influenced by the quantity of contraband, the petitioner's criminal history, and relevant case laws in determining the applicability of S. 37 of the NDPS Act and granting bai....
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 applicability of bail provisions under the NDPS Act depends on the quantity of contraband and the specific circumstances of the case, as i....
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