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2023 Supreme(P&H) 2503

ANOOP CHITKARA
Taranveer Singh @ Chaska – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Ritesh Pandey, Advocate; For the Petitioners
For the Respondent: Mr. I.P.S Sabharwal, Dy. A.G. Punjab.

Table of Content
1. petitioner seeks bail under ndps act (Para 1 , 5)
2. arguments for and against bail (Para 3 , 4)
3. legal definitions under ndps act (Para 6 , 7 , 8)
4. factors influencing bail decision (Para 9 , 10 , 11)
5. conditions imposed for bail granted (Para 12 , 18 , 19)
6. final order and application disposal (Para 14 , 25 , 26)

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:

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