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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Sarabjit Singh @ Jatt @ Aman – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
203 | 14.08.2023 | Model Town, District Hoshiarpur | 22/61/85 of NDPS Act |
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.
2. Per paragraph 8 of the bail application and paragraph 11 of the status report, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Dated | Offenses | Police Station |
1 | 75 | 18.06.2014 | 395 IPC | Bullowal |
2 | 142 | 16.05.2019 | 61 of Excise Act | Model Town, District Hohiarpur |
3 | 79 | 06.05.2021 | 376(1)/342/506/120-B IPC and 4 of POCSO Act | Sadar, District Hoshiarpur |
4 | 109 | 17.04.2023 | 21/61/85 of NDPS Act | Model Town, District Hohiarpur |
5 | 29 | 17.07.2019 | 107/151 CrPC | - |
6 | 295/2022 | - | 52-A of Prison Act | - |
7 | 267 | 11.10.2022 | 52-A of Prison Act | - |
3. The facts and allegations are taken from the status report filed by the State. On 14.08.2023, based on chance recovery, the Police seized 15 Buprenorphine injections IP Leegesic. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023.
4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that fur
The court granted bail considering the petitioner's clean antecedents and prolonged incarceration, despite the serious charges under the NDPS Act.
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.
Prolonged incarceration exceeding four years justifies bail under the NDPS Act, overriding statutory restrictions due to infringement of personal liberty under Article 21.
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 main legal point established in the judgment is the need to satisfy the twin conditions of Section 37 of the NDPS Act before granting bail in cases involving commercial quantities of drugs. The c....
Prolonged incarceration and lack of evidence necessitate bail, emphasizing personal liberty and the right to a speedy trial under Article 21 of the Constitution.
The court found that the prolonged incarceration of the petitioner and the failure to establish conscious possession warranted the grant of bail under the NDPS Act, balancing his right to liberty and....
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