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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Surender Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
05 | 02.01.2024 | City Hisar, District Hisar | 21 (b) of NDPS Act |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. Vide order dated 27.12.2024, interim protection was granted to the petitioner and the said order is continuing till date.
3. Per paragraph 9 of the bail application, the accused has the following criminal antecedents:
Sr. No. | FIR No. | Date | Offenses | Police Station |
1. | 260 | 01.04.2024 | 21 (b) of NDPS Act | Sadar Hisar |
4. The facts and allegations are being taken from translated version of FIR, which reads as follows:
'To the SHO Police Station City Hisar. Jai Hind. On 02.01.2024, I, SI Sher Singh 1/FTB HSNCB Unit BWN, along with a laptop, printer, my team, HC Vikrant (No. 218/Hisar), Constable Narender (No. 2666/Gurugram), and vehicle HR 05 GV 1692 driven by Constable Surender (No. 5/505), was present in the jurisdiction of Police Station City Hisar, near the government hospital for patrolling and crime prevention. At that time, a secret informer met me and gave and information that a person nam
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 court held that the restrictions of Section 37 of the NDPS Act do not apply to intermediate quantities, allowing bail due to insufficient evidence linking the accused to drug money.
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 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 consideration of quantity of contraband, definitions of commercial and small quantity under the NDPS Act, and the factors to be weighed in gran....
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 ....
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