Mintu Alias Sahota v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.226 Case No. : CRM-M-19263-2025 Decided On : November 06, 2025 Mintu @ Sahota ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

* * * Present :

Mr. Jatinder Pal Singh, Advocate for the petitioner.

Mr. P. S. Pandher, AAG, Punjab.

* * * SUKHVINDER KAUR , J.

:

Prayer in the present petition, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for grant of regular bail to the petitioner, in case FIR No.244 dated 06.10.2022, under Sections 21(c), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as - NDPS Act), registered at Police Station STF Mohali Sadar, District Tarn Taran.

Shorn of unnecessary details, the case of the prosecution in brief is that after barricading was done as per the secret information, the police apprehended one Mintu (son of Kashmir Singh) and Mintu @ Sahota (present petitioner) while going in car bearing registration No.PB-46-M6100, make i-20 and 5 kg of heroin (5 packets of one kilogram each) was recovered lying under conductor seat of said car. Accordingly, the FIR in

question was registered against them.

Learned counsel for petitioner contended that the contraband, allegedly recovered in the present case, has been planted upon the petitioner. The petitioner is in custody since long. The conclusion of trial of the case will take considerable time. No useful purpose would be served by detaining the petitioner in further custody. Learned counsel, therefore, prayed that the petitioner be granted concession of regular bail. On the other hand, learned State counsel submitted that the petitioner along with his co-accused was found in possession of heavy commercial quantity of heroin and as such, does not deserve any leniency from the Court.

I have heard the learned counsel for the parties and have also gone through the case file.

As per the FIR, both the petitioner and co-accused were travelling in the said car, from which recovery of 5 kg of heroin had been effected. So, prima facie, they were in conscious possession of the said contraband, which was being transported in the said car. As per Status Report, 15 prosecution witnesses, out of 23 prosecution witnesses have already been examined. As the alleged recovery of 05 kilograms of heroin falls under the heavy commercial quantity, it attracts the rigors of Section 37 of the NDPS Act and it is not a fit case where petitioner deserves the concession of regular bail.

Accordingly, the present petition, being devoid of merit, is hereby dismissed.

However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. Pending application(s), if any, shall stand disposed of along with the present petition.

November 06, 2025 (SUKHVINDER KAUR) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.