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ANOOP CHITKARA
Shavinderpal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 113 | 14.06.2023 | Lehra, Sangrur | 22, 29 of NDPS Act |
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483, BNSS 2023, seeking regular bail.
2. As per para 11 of the reply dated 03.11.2024, the petitioner is not involved in any other case.
3. The facts and allegations are taken from the reply filed by the State. On 14th June 2023, based on prior information, the Police seized 38 intoxicant vials and 250 make ONREX 100/100 ML tablets marka Carisoprodol from the possession of Shavinderpal Singh, the pillion rider of the bike which the petitioner Birbal was driving. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.
4. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.
5. The petitioner’s counsel made the following submission:
• The petitioner was pillion rider and no recovery has been effected from him.
• PW1 SI Harminder Singh has himsel
The court granted bail considering the petitioner's clean antecedents and prolonged incarceration, despite the serious charges under the NDPS Act.
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Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The court held that the rigours of Section 37 of the NDPS Act do not apply when the quantity of contraband is classified as intermediate, allowing for bail under less stringent conditions.
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