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ANOOP CHITKARA
Jogindro Bai – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 11 | 09.01.2024 | Model Town, Rewari, District Rewari | 20(a) & 29 of NDPS Act |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 11 of the bail petition, the petitioner declares as follows:
3. Para 9 of the reply mentions the petitioner’s following criminal antecedents:
| S. No. | FIR No. | Date | Offenses | Police Station |
| 1 | 637 | 2023 | 14, 19/54 of Excise Act | Bhiwadi (Raj.) |
| 2 | 662 | 2018 | 19/54 of Excise Act | Bhiwadi (Raj.) |
| 3 | 678 | 2023 | 8/20 of NDPS Act | Bhiwadi (Raj.) |
| 4 | 114 | 11.07.2023 | 21A, 27A-61-85 of NDPS |
The court ruled that anticipatory bail should not be denied solely based on prior criminal history when the current offense involves a small quantity of drugs, emphasizing the need for judicial discr....
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 quantity of the substance, legal precedents related to bail in NDPS Act cases, and the individual circumstances of the accused are crucial factors in determining the grant of bail.
The court emphasized that under Section 37 of the NDPS Act, the burden lies on the accused to prove non-involvement in drug-related offenses, particularly when the quantity is commercial.
The court emphasized the need for judicious consideration of bail applications involving individuals with criminal history and the importance of considering the quantity of contraband in relation to ....
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....
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