Manzoor Masih v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-6995-2024 Date of decision: July 8th, 2024 Manzoor Masih .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ankur Jain, Advocate for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) This is a fourth petition filed by the petitioner seeking the concession of regular bail under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.66 dated 03.07.2019 under Section 21 of the NDPS Act, 1985, registered at Police Station Jhabai, District Tarn Taran.

2.

Learned State counsel has disputed the submissions made by the counsel opposite that the trial has not concluded on the account of the non-appearance of the Investigation Officer before the trial Court to get his evidence recorded. Learned counsel has submitted that as per instructions, all the material witnesses including the Investigation Officer and the Gazetted Officer stand examined and now only four formal witnesses remain to be examined. It has been submitted that the next date fixed before the trial Court is 10.07.2024 when in all likelihood, the remaining witnesses would also be examined. Learned State counsel has, however, not disputed the custody period of the petitioner, who has now been in custody for more PUNEET SACHDEVA 2024.07.08 15:49 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-6995-2024 -2than five years having been arrested on 03.07.2019. Learned State counsel has, however, submitted that the petitioner is a man of criminal antecedents as he is involved in five other cases including two under the NDPS Act. It has also been submitted that a huge recovery of 500 grams of heroin was effected from the petitioner. 3.

In the circumstances, keeping in view the stage of the trial, this Court is not inclined to extend the concession of bail to the petitioner.

4.

The instant petition, therefore, stands dismissed. 5.

However, this Court is conscious of the long custody period of the petitioner, hence, the trial Court is directed to expedite the trial and conclude it positively on or before 10.09.2024. July 8th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.07.08 15:49 I attest to the accuracy and integrity of this document Chandigarh