Ezik Masih alias Billa alias Raja vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2465

ANOOP CHITKARA
Ezik Masih alias Billa alias Raja – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. Rajiv Kumar Saini, Advocate; For the Petitioner
For the Respondent: Ms. Navreet K. Barnala, AAG, Punjab.

JUDGMENT

Mr. Anoop Chitkara, J. -

FIR No.	Dated	Police Station	Sections
51	07.11.2021	Kotli Surat Malhi, District Batala	21/22/61/85 of NDPS Act (Sections 29/25 of NDPS Act added later on)

The petitioner under arrest for violating the provisions as mentioned above of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), as per the FIR captioned above, has come up before this Court under Section 439 Cr.P.C 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 November 7, 2021, the police had recovered 10 grams heroin and 100 intoxicating tablets from the petitioner. During interrogation, the petitioner also got recovered vehicles used for trafficking and also named the persons from whom he had purchased the contraband. On the disclosure of c