ANOOP CHITKARA
Banti @ Laddu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Anoop Chitkara, J. -
| FIR No. | Dated | Police Station | Sections |
| 198 | 28.08.2022 | City Kapurthala, District Kapurthala | 21 (c) of NDPS Act, 1985 |
The petitioner incarcerated for violating the above-mentioned provisions 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 CrPC, 1973 seeking bail.
2. In paragraph 12 of the bail application, the accused declares the following criminal antecedents:
| Sr. No. | FIR No. | Date | Offences | Police Station |
| 1. | 219 | 30.08.2018 | 302, 201 and 120-B IPC | City Kapurthala |
3. The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. While opposing bail, the contention on behalf of the State is that the quantity of contraband involved in the case falls into the commercial category, and given the criminal past, the accused is likely to indulge in crime once released on bail.
5. While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because ar
Pooran Mal v. Director of Inspection (1974) 1 SCC 345
State of H.P. v. Prithi Chand (1996) 2 SCC 37
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
Mandatory compliance with safeguards in Section 50 of the NDPS Act and the burden placed on the accused under Section 37 of the NDPS Act.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
Narcotic substances - Bail dismissed - Section 37 of Act no accused can be released on bail when application is opposed by Public Prosecutor unless court is satisfied that there are reasonable ground....
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
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