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ANOOP CHITKARA
Hardeep Kumar alias Pappu – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. recovery of heroin classified as commercial quantity. (Para 1 , 2 , 3) |
| 2. contention regarding commercial quantity influencing bail. (Para 4 , 5) |
| 3. balancing rights of accused with procedural mandates. (Para 6) |
| 4. indefeasible right to bail after 180 days. (Para 7 , 8) |
| 5. entitlement to bail based on expiry of remand period. (Para 9) |
| 6. conditions imposed to ensure compliance and safety. (Para 10 , 11 , 12) |
| 7. petitioner may choose between bail modes. (Para 13) |
| 8. conditions to prevent influencing witnesses or tampering evidence. (Para 14 , 15) |
| 9. stipulations for bail and consequences of violations. (Para 16 , 17) |
| 10. rights of the accused regarding bail conditions. (Para 20 , 21) |
| 11. no restriction on police further investigations. (Para 22 , 23) |
| 12. conclusion on bail granted and procedural compliance. (Para 24 , 25 , 26) |
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 203 | 5.8.2022 | Civil Lines, Batala | 21(c) and 29 NDPS Act |
Aggrieved by dismissal of default bail petition filed under section 167(2) of the Code of Criminal Procedure, 1973, [CrPC], the accused has come up before this court.
2. On Aug 5, 2022, the police had recovered
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 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 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 was influenced by the quantity of contraband involved, the petitioner's personal circumstances, and the legal principles emerging from the law relating to rigors of S.37 of NDPS ....
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