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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Naved Khan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
286 | 09.06.2022 | Hodel, District Palwal | 20, 61, 85 of the NDPS Act |
1. The petitioner incarcerated for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) per the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail.
2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.
3. Petitioner's counsel prays for bail by imposing any stringent conditions and states that they would have no objection to the conditions, i.e., surrender of weapons and are also voluntarily agreeable to the condition that till the conclusion of the trial, the petitioner shall keep only one mobile number, which is mentioned in AADHAR card, if any, and within fifteen days undertakes to disconnect all other mobile numbers. The petitioner contends that the further pre-trial incarceration would cause an irreversible injustice to the petitioner and family.
4. While opposing the bail, the contention on behalf of the State is that the quantity of contraband involved in the case falls in the commercial category.
5. The facts of the case a
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 court determined that the non-commercial quantity of heroin possessed allows for regular bail conditions rather than the strictures of Section 37 NDPS Act.
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'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 ....
The court granted bail considering the petitioner's clean antecedents and prolonged incarceration, despite the serious charges under the NDPS Act.
The court's decision emphasized the need to consider the quantity of the substance, legal precedents related to bail considerations, and the balance between individual rights and the right of police ....
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