KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner apprehending arrest 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 Sec. 438 CrPC seeking anticipatory bail.

(2.) Although in paragraph 13, the petitioner claims to have no criminal antecedents, however, when confronted by State, then Ld. Counsel stated that instructions in this regard were not imparted by the petitioner but by his family members. In compliance to the court's observations, the petitioner has filed an affidavit about previous criminal antecedents. He says that FIRs for possessing 300 grams; 2.5 kg; and 3 kg of poppy husk were registered against him. This time the quantity alleged is 35.5 kg of poppy husk. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

(3.) Ld. counsel appearing for State opposes the bail and submits that the petitioner is a habitual offender and grant of bail encourages the drug peddlers, and the drug menace is spreading day by day. REASONING: