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ANOOP CHITKARA
Taranveer Singh @ Chaska – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 73 | 13.08.2022 | Sadar Pathankot Distt. Pathankot | 21 and 29 of NDPS Act. |
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 8 of the bail petition, the accused declares that he has no criminal antecedents.
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. The State opposes bail.
Reasoning:
5. On Aug 13, 2022, based on suspicion, the police recovered 250 grams of heroin from Anu Bala, per chance recovery. During her interrogation, she named the petitioner as its seller and also stated that the petitioner is her husband's friend. On this the police arrested him and he is in custody.
6. NDPS Act defines possession or trade o
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 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 ....
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 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 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....
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