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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Harish Kumar @ Honey – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
24 | 16.05.2024 | City Banga, District SBS Nagar | 21 of NDPS Act |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC, 1973, seeking anticipatory bail.
2. The accused declares his past criminal antecedents in paragraph 9 of the bail petition.
3. Vide order dated 05.06.2024, petitioner was granted interim protection by Coordinate Bench of this Court and the said order is continuing till date.
4. The facts and allegations are taken from the reply filed by the State. On May 16, 2024, based on chance recovery, the Police seized 25 grams of heroin from the petitioner's father's possession, who disclosed during interrogation that the petitioner had procured the heroin. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.
5. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
6. The State's counsel opposes bail and refers to the reply.
7. It would be appropriate to refer
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 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 balanced the individual's right to bail with the necessity of a fair trial, emphasizing the need for stringent conditions to prevent tampering with evidence and ensure cooperation with the ....
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 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 main legal point established in the judgment is the consideration of quantity of contraband, definitions of commercial and small quantity under the NDPS Act, and the factors to be weighed in gran....
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