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ANOOP CHITKARA
Kirpal Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. - The allegations against the petitioner are for recovery of Rs. 2 lakhs claiming it to be drug money and 30 grams of heroin.
2. Vide order dated 03.11.2022, this Court had granted interim bail to the petitioner.
3. Counsel for the petitioner on instructions submits that the petitioner has complied with all the conditions and he undertakes to continue complying with the conditions of order dated 03.11.2022 to which he has no objection.
4. Given the categorical statement of petitioner about the compliance of the conditions, the present petition is allowed and interim order dated 03.11.2022 is made absolute.
5. All pending miscellaneous applications, if any, stand disposed of.
Compliance with the conditions of interim bail is crucial for the making of the interim order absolute.
The court held that the restrictions of Section 37 of the NDPS Act do not apply to intermediate quantities, allowing bail due to insufficient evidence linking the accused to drug money.
Compliance with the conditions of an interim bail order and joining the investigation can lead to the court making the interim bail order absolute.
The court determined that the non-commercial quantity of heroin possessed allows for regular bail conditions rather than the strictures of Section 37 NDPS Act.
The court balanced the individual's right to bail with the necessity of a fair trial, emphasizing the need for stringent conditions to prevent tampering with evidence and ensure cooperation with the ....
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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