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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Birbal Singh @ Bittu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
113 | 14.06.2023 | Lehra, Sangrur | 22, 29, 61, 85 of NDPS Act |
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, 1973, seeking regular bail.
2. As per para 22 of the bail application, the petitioner is not involved in any other case, however, as per custody certificate dated 01.09.2024, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Date | Offenses | Police Station |
1. | 142/2011 | 29.08.2011 | Under sections 63, 65, 68A | Lehra |
3. The facts and allegations are taken from the reply filed by the State. On 14th June 2023, based on a chance recovery, the Police seized 38 vials and 250 tablets 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:
- That on 14.06.2023, the police party was on their patrolling duty at bus stand Chotiya
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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The court granted bail under the NDPS Act, emphasizing the right to a speedy trial and the prolonged custody of the petitioner, despite the serious nature of the charges.
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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.
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