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ANOOP CHITKARA
Davinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 131 | 23.11.2022 | Badhni Kalan, District Moga | 21 of NDPS Act (Section 29 of NDPS Act added later on) |
The petitioner, apprehending arrest for selling violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) per the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. In paragraph 9 of the bail application, the accused declares the following criminal antecedents:
| Sr. No. | FIR No. | Dated | Offences Police | Station |
| 1. | 56 | 27.05.2014 | 15, 18, 20, 21, 22 of NDPS Act | Sadar Moga |
| 2. | 213 | 03.10.2017 | 22 of NDPS Act | Baghapurana |
| 3. | 37 | 12.02.2018 | 457, 380, 427, 506, 511, 365, 354, 447 IPC and 25, 27 of Arms Act | City South, Moga |
| 4. | 452 | 23.10.2015 | 399, 402 IPC, 25 & 30 of Arms Act | Rai Singh Nagar (Raj) |
| 5. | 133 | 13.09.2014 | 22 of NDPS Act | Sagar Moga |
3. Petitioner's counsel prays for bail by imposing any stringent conditions. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial
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 considered the quantity of the substance involved, the petitioner's criminal history, and age, and granted bail. The court also imposed stringent conditions to prevent any influence on the ....
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....
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 ....
In narcotics cases, if the quantity is below the commercial threshold, stringent bail conditions of the NDPS Act do not apply, allowing for bail under standard criteria.
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....
The court's decision emphasizes the importance of considering the quantity of contraband, criminal antecedents, and the possibility of influencing the investigation in bail decisions, and the need fo....
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