Jaspal Singh Alias Pali vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 650

ANOOP CHITKARA
Jaspal Singh Alias Pali – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Ashok Giri, Advocate; For the Petitioner
For the Respondent: Mr. Sukhdev Singh, AAG, Punjab.

JUDGMENT

Anoop Chitkara, J.

FIR No.	Dated	Police Station	Sections
22	02.03.2024	Division No.3, District Jalandhar	18 (Section 29/27A added later on) of NDPS Act 1985

The petitioner under arrest for violating the provisions as mentioned above of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), per the FIR captioned above, 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 19 of the bail petition, the accused declares that he was involved in two cases, out of which, in one case he has been discharged and in one matter has been compromised.

3. Petitioner's counsel seeks bail on the grounds that contraband recovered from him falls in intermediate quantity. His next contention is that although there are two cases against the petitioner as mentioned in para 19 of the petition, but both cases have been closed, in which, in one he has been discharged and one matter was compromised, as such there is no criminal antecedents as on date. Petitioner's counsel further seeks bail on parity with co-accused