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ANOOP CHITKARA
Sanket @ Sunny – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 40 | 06.03.2024 | STF Wing, District STF SAS Nagar | 21/29/61/85 of NDPS Act |
The petitioner, apprehending arrest in the FIR captioned above for selling 255 grams of Heroin to Jaspreet Singh from whose possession the police has recovered the same, came up before this Court under Section 438 of the CrPC, 1973, seeking anticipatory bail.
2. In paragraph 19 of the bail application, the accused declares the following criminal antecedents:
| Sr. No. | FIR No. | Date | Offences | Police Station |
| 1. | 65 | 17.06.2020 | 22/29 of NDPS Act | Sadar Faridkot |
3. The petitioner contends that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.
4. While opposing the bail, the contention on behalf of the State is that they want custodial interrogation because the quantity of contraband involved in the case falls in the commercial category, and they have collected sufficient evidence that prima facie points towards the petitioner's dealings with the drugs trade and the international mafia.
Facts:
5. Facts of the case are being taken from short reply dated 08.04.2024 filed b
The court emphasized that under Section 37 of the NDPS Act, the burden lies on the accused to prove non-involvement in drug-related offenses, particularly when the quantity is commercial.
The court ruled that anticipatory bail should not be denied solely based on prior criminal history when the current offense involves a small quantity of drugs, emphasizing the need for judicial discr....
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 ....
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
The main legal point established in the judgment is the consideration of quantity of contraband, definitions of commercial and small quantity under the NDPS Act, and the factors to be weighed in gran....
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