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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Sonu @ Rinka – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
222s | 28.07.2023 | Special Task Force, STF Wing, District SAS Nagar | 21-C and 29 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 14 of the bail application and paragraph 9 of status report, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Date | Offenses | Police Station |
1. | 44 | 05.04.2022 | 21 of NDPS Act | Khanna City-2 |
2. | 196 | 28.07.2023 | 21 and 29 of NDPS Act and 52-A of Prisons Act | Division No.8, Jalandhar |
3. The facts and allegations are taken from the status report filed by the State. On 28.07.2023, based on a chance recovery, the Police seized 305 grams of Heroin from the petitioner and co-accused. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.
4. 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.
5. The State's counsel opposes bail and refers to the status r
The court underscored the stringent bail conditions under the NDPS Act, demanding substantial evidence to justify release for defendants in drug-related cases.
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 court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
Bail denied under NDPS Section 37 for commercial quantity as petitioner accompanying contraband bearer fled police sans explanation, failing twin conditions of reasonable belief in non-guilt and no r....
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
Bail in NDPS commercial quantity cases denied unless twin conditions under Section 37 satisfied: reasonable grounds accused not guilty and unlikely to reoffend; negation of bail is rule, grant except....
The court ruled that bail cannot be granted under Section 37 of the NDPS Act unless conditions of proving innocence and minimal risk of reoffending are met, regardless of trial delays.
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