PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Harjit Singh Alias Gopa – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
135 | 20.07.2023 | City South, Moga | 21/22/29/61/85 of NDPS Act and Sections 7, 13(2) of PC Act (27-B of NDPS Act added later on) |
1. The petitioner under arrest for violating the provisions as mentioned above, as per the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail by filing the present petition.
2. As per para 13 of the petition, the petitioner declares the following criminal history:-
Sr. No. | FIR No. | Dated | Police Station | Sections |
1 | 136 | 20.07.2023 | City South, Moga | 21/29/61/85 of NDPS Act |
2 | 87 | 10.05.2022 | City Moga | 21/29 of NDPS Act |
3 | 65 | 04.04.2022 | City South Moga | 21/61/85 of NDPS Act |
4 | 256 | 23.11.2022 | 21/22 of NDPS Act | - - - |
5 | 203 | 08.10.2023 | 452/323/427/148/149 IPC | - - - |
6 | 208 | 28.08.2021 | 21/29 of NDPS Act | City South Moga |
7 | 52 | 08.04.2021 | 21(a)/61/85 of NDPS Act | City South Moga |
3. On 04.04.2024, when the matter was heard, petitioner's counsel made the following statement:-
"Petitioner's counsel prays for bail by imposing any stringent conditions and states that they would have no objection to the conditions i.e. declaration of assets by the petitioner and his spouse, and are also voluntarily agreeable to the condition that till the c
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.
The main legal point established in the judgment is the application of S. 37 of the NDPS Act in cases involving commercial quantities of contraband and the considerations for granting bail under such....
The court emphasized the need for judicious consideration of bail petitions for accused with a criminal history and highlighted the provisions of the NDPS Act regarding the quantity of contraband.
In narcotics cases, if the quantity is below the commercial threshold, stringent bail conditions of the NDPS Act do not apply, allowing for bail under standard criteria.
The court's decision was influenced by the quantity of contraband involved, the petitioner's personal circumstances, and the legal principles emerging from the law relating to rigors of S.37 of NDPS ....
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