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2023 Supreme(P&H) 103

ANOOP CHITKARA
Jaswinder Singh Alias Gori – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Amaninder Singh Sekhon, Advocate, Aditya Kapoor, Advocate

JUDGMENT

Anoop Chitkara, J. -

FIR No.

Dated

Police Station

Sections

78

02.07.2020

Jaitu, District Faridkot

22/61/85 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, on the allegations of possessing tablets containing approx. 350 grams of Tramadol, had come up before this Court under Section 439 CrPC seeking bail.

2. In paragraph 17 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. While opposing the bail, the contention on behalf of the State is that the quantity of contraband involved in the case falls in the commercial category.

REASONING:

5. On July 02, 2020, the police nabbed the petitioner along with 85 strips, containing 850 tablets, which the laboratory found to weigh 350 grams and had Tramadol in it. The details of substance are as follows:

Substance Name

T

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