Mahinder Singh v. State Of Punjab

101+206

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 12.03.2025 MAHINDER SINGH .....PETITIONER

VERSUS

STATE OF PUNJAB .....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present:

Mr. DN Ganeriwala, Advocate, for the petitioner.

Mr. Amandeep Singh, DAG, Punjab.

SANJAY VASHISTH, J (ORAL) 1.

On 29.01.2025, following order was passed by this Court:- "Prayer in this petition, filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioner, who has been booked for having committed the offences punishable under Sections 120-B IPC and 27-A of NDPS Act in case arising out of FIR No.30 dated 19.05.2024, registered at Police Station State Special Operation Cell, Amritsar, District Intelligence Wing (CID).

Para Nos.15 and 16 of the status report dated 31.07.2024, reveals that as per FIR No.63 dated 21.05.2024 under Sections 21 of NDPS Act, 25(6) of Arms Act and 10,11, 12 of Anti Air Craft Act, registered at Police Station Khalra Tarn Tarn Taran, 3 kgs 124 grms of Heroin, Rs.3 lakh as drug money and some weapons along with live cartridges and magazine were recovered.

Credentials of Jaswinder Singh @ Kaka as mentioned in para 16 of status report requires to be ascertained. It should also be explained by the State counsel that how in the present case i.e. FIR No.30 dated 19.05.2024 telephonic connectivity of petitioner with said Jawinder Singh @ Kaka would go against the interest of the petitioner.

Aforementioned clarification is required to be examined for the reason that after two days of

registration of FIR on 19.05.2024, the petitioner has been involved as an accused in the present case on the basis of disclosure statement of Jaswinder Singh @ Kaka.

Adjourned to 12.03.2025."

2.

In the status report filed by learned State counsel, in paragraph No.7, it is explained that as per the disclosure statement of arrested accused namely Jaswinder Singh @ Kaka, there are many other associates namely Harpal Singh @ Bhallu, Joginder Singh @ Dogar, Mahinder Singh (petitioner herein), Gurdev Singh @ Debu, Gautam Partap @ Gannu and Jugraj Singh, who are operating the arms/drugs smuggling network from across the border by Qasim Dhillon. 3.

In paragraph Nos.14 and 15 of the status report, it has been specifically mentioned that petitioner is already a convict in FIR No.193 dated 22.08.2013 under Section 21 of NDPS Act, registered at Police Station Sadar Ferozepur, and has been sentenced for a period of 10 years rigorous imprisonment, along with fine amount of Rs.1 lac. 4.

Petitioner is also a wanted accused, in case, FIR No.63 dated 21.05.2024, under Section 21 of the NDPS Act, 25(6) of the Arms Act, Sections 10, 11, 12 of Anti Air Craft Act, registered at Police Station Khalra, District Tarn Taran, wherein 3 Kgs 124 gms of heroin, along with drug money of Rs.3 lac, Electronic Scale, 01 Pistol of .30 Bore with 03 live cartridges and 02 Magazine of .30 Bore, and 03 Magazines of Glock 9 MM Pistol with 108 live cartridges have been recovered. 5.

In paragraph No.16 of the status report, it is categorically mentioned that petitioner - Mahinder Singh, who is having mobile phone numbers 7814558109 and 6239547464, is found to be in contact with the

arrested accused namely Jaswinder Singh @ Kaka, whose mobile phone number is 9888962385.

For reference, paragraph Nos.14, 15 and 16 of the status report, are reproduced here under:- "14.

That apart of this case, earlier petitioner Mahinder Singh was also involved in a case FIR No. 193 dated 22.08.2013 u/s 21 NDPS Act, PS Sadar Ferozepur District Ferozepur in which was convicted and sentenced for 10 years rigorous imprisonment with fine of Rs. 01 Lakh by the hon'ble court of Sh. Jagdeep Singh Marok, Judge Special Court, Ferozepur.

15.

It is pertinent to mention here that petitioner Mahinder Singh is also wanted as a accused, in a case FIR No. 63 dated 21.05.2024 u/s 21 NDPS Act, 25 (6) Arms Act, 10,11,12 of Anti Air Craft Act, registered at PS Khalra Tarn Taran Tarn Taran, pertains to recovery of 3 Kgs 124 Gms Heroin, drug money of Rs. 3 Lakh, Electronic Scale, 01 Pistol of .30 Bore with 03 live cartridges and 02 Magazine of .30 Bore, and 03 Magazines of Glock 9MM Pistol with 108 live cartridges.

16.

That, the connectivity of the petitioner Mahinder Singh Mob No. 7814558109, 6239547464 with arrested accused Jaswinder Singh alias Kaka mob No. 9888962385 stands and established on the basis of technical analysis of CDR."

6.

Considering the serious nature of the allegations against the petitioner, this Court finds no substantial reason to grant the petitioner the concession of anticipatory bail. Accordingly, the present petition is dismissed.

7.

Pending miscellaneous applications, also shall stand disposed of.

(SANJAY VASHISTH) 12.03.2025 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No