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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANOOP CHITKARA
Karandeep Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Station | Sections |
|---|---|---|---|
| 112 | 11.06.2025 | Chheharta | 21(b), 27(a), 29/61/85 of Amritsar 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 9 of the bail petition, the petitioner has no criminal antecedents.
3. The facts and allegations are taken from the status report filed by the State. On 11- 06-2025, based on a chance recovery, the Police seized 150 grams of heroin from the petitioner’s possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and the BNSS , 2023.
4. The petitioner's counsel seeks bail on the grounds of prolonged pretrial custody.
5. 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.
6. The petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense
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 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 main legal point established in the judgment is that the applicability of bail provisions under the NDPS Act depends on the quantity of contraband and the specific circumstances of the case, as i....
The main legal point established in the judgment is the judicious consideration of bail petitions for accused with a criminal history and the imposition of stringent conditions to prevent further cri....
The court emphasized the need for judicious consideration of bail applications involving individuals with criminal history and the importance of considering the quantity of contraband in relation to ....
The main legal point established in the judgment is that the quantity of contraband and the petitioner's criminal history must be considered in conjunction with specific circumstances to determine ba....
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