Mohd. Bundu v. State Of Punjab

2023:PHHC:100445 CRM-M-5376-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-5376-2019 Date of Decision: 03.08.2023 Mohd. Bundu ...... Petitioner

Versus

State of Punjab ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Bhisham Kumar, Advocate, for Mr. Jashanjot Singh Uppal, Advocate, for the petitioner.

Mr. Sandeep, Additional Advocate General, Punjab, for the respondent-State.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition under Section 482 of the Code of Criminal Procedure has been filed for setting aside the order dated 18.08.2018 passed by the Judge, Special Court, Sangrur, whereby recovery warrants are issued against the petitioner for recovery of surety amount of Rs.3 lakhs in case FIR No.76 dated 28.06.2014, registered under Sections 22 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station City Malerkotla, District Sangrur, against the accused-Mohd. Shamshad alias Sadhu.

2.

Learned counsel for the respondent-State has drawn attention of this Court qua the order dated 04.02.2019 passed by this Court, vide which the petitioner was directed to furnish information as regards the date when VIRENDRA SINGH ADHIKARI 2023.08.05 11:19 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:100445 CRM-M-5376-2019 the notice was actually served upon the petitioner consequent upon cancellation of bail of accused-Mohd. Shamshad alias Sadhu and also as to when Mohd. Shamshad was arrested in connection with some other case. 3.

No such information has been brought on record by the petitioner so far. Therefore, this Court does not find any reason to continue with the present petition or even to quash the order dated 18.08.2018 passed by the Court below. Needless to say that there cannot be presumption qua the invalidity of the order passed by the Court below or qua the facts upon which such order of the Court would have been based. 4.

In view of the above, finding no merit in the present case, the same is dismissed.

(RAJBIR SEHRAWAT) JUDGE 03.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.05 11:19 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh