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2023 Supreme(P&H) 2468

ANOOP CHITKARA
Banti @ Laddu – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Ruhani Chadha, Advocate; For the Petitioner
Mr. Shiva Khurmi, A.A.G., Punjab.

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

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