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ANOOP CHITKARA
Satnam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 320 | 26.12.2022 | S.T.F., Mohali, District Sri Muktsar Sahib | 21 (b) & 27 of NDPS Act. |
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 recovery of 65 grams of heroin, 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 Section 37 of NDPS Act do not apply.
2. In paragraph 13 of the bail application and custody certificate dated 19.04.2023, the accused has the following criminal antecedents:
| Sr. No. | FIR No. | Date | Offences | Police Station |
| 1 | 136 | 17.09.2022 | 21-A/61/85 NDPS Act | Kabarwala |
3. Petitioner's counsel prays for bail by imposing any stringent conditions. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. While opposing the bail, the State contends that given the criminal past, the accused is likely to indulge in crime once released on bail.
Reasoning:
5. On 2
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....
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 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 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 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.
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