Mukesh Kumar Alias Mintu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-39746-2021 (O&M) Date of decision: 13.12.2021 MUKESH KUMAR ALIAS MINTU ..Petitioner

Versus

STATE OF PUNJAB ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Lavanya Gupta, Advocate for the petitioner. Mr. Mehardeep Singh, Addl. AG, Punjab.

*** ANIL KSHETARPAL, J (Oral) The hearing of the case is being held through video conferencing on account of restricted functioning of the Courts. This is the petitioner's third attempt to get the bail, pending trial, in a criminal case arising from FIR No.79, dated 24.08.2019, registered under Section 21 and 29 of the NDPS Act, 1985, at Police Station Special Task Force, Phase IV, Mohali, District SAS Nagar.

As per the case of the prosecution, 418 grams of heroin was recovered from the dash board of a motor car occupied by the petitioner and his co-accused.

Learned counsel for the petitioner contends that the aforesaid coaccused namely Harpreet Singh @ Harji has been granted concession of bail by a Co-ordinate Bench vide order dated 15.07.2021. This Court has carefully read the aforesaid order. It is evident that the co-accused in the aforesaid case was granted concession of bail ASHOK KUMAR 2021.12.14 11:02 I attest to the accuracy and integrity of this document

CRM-M-39746-2021 (O&M) because he was not involved in any other NDPS case. In the present case, the petitioner is also an accused in FIR No.38, dated 14.03.2019, registered under Section 21 of the NDPS Act, 1985, at Police Station Shimlapuri. The alleged recovery from the petitioner falls in the category of commercial. The petitioner has failed to fulfill the requirement of Section 37 of the NDPS Act, 1985.

Dismissed.

All the pending miscellaneous application(s), if any, are also disposed of.

13.12.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2021.12.14 11:02 I attest to the accuracy and integrity of this document