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ANOOP CHITKARA
Jagtar Singh @ Bittu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 106 | 22.08.2022 | City Dhuri, District Sangrur | 30, 34 IPC and Sections 21, 29 and 31 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 11 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 2 grams of heroin 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 (
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....
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 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 ....
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 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....
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 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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