Mukesh v. Narcotics Control Bureau

232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43911-2022 (O&M) Date of Decision: November 02, 2023 Mukesh

...Petitioner

Versus

Narcotics Control Bureau

...Respondent

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Harish Mehla, Advocate for the petitioner. Ms. Puneeta Sethi, Sr, Panel counsel of UOI-Advocate for NCB-respondent.

DEEPAK GUPTA , J.(Oral) CRM-19306-2023 This is an application moved by the petitioner to place on record letter/Order F.N. U-11012/21/2022-PITNDPS, dated 09.02.2023 passed by PITNDPS Division whereby detention order of the petitioner has been revoked, as Annexure P-6.

Allowed.

Annexure P-6 is taken on record.

Main Case Petitioner prays for grant of regular bail in case registered under Sections 08, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in Police Station NCB, Panipat, as Crime No.VIII/35/DZU/2021, dated 17.12.2021.

As per allegations, 12.440 Kgs. of charas, i.e. of commercial category was recovered from the possession of co-accused Kaimul Khatun on the basis of secret information, who in her disclosure statement nominated petitioner - Mukesh to the person to whom the same was to be supplied.

SARITA RANI 2023.11.01 18:54 I attest to the accuracy and integrity of this document/order

CRM-M-43911-2022 (O&M) - 2 - It is conceded by learned counsel of NCB-respondent that no recovery has been effected from the petitioner in this case. However, bail petition has been opposed on the ground on his criminal antecedents. Learned counsel for the petitioner submits that petitioner is in custody since 23.06.2021, i.e. last more than 02 years and 04 months and that no recovery was effected from him in this case. Considering the aforesaid facts and circumstances, but without commenting anything on the merits of the case, petitioner is admitted to bail. He is ordered to be released on bail on his furnishing requisite bail bonds and surety bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate concerned. Allowed.

November 02, 2023 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No SARITA RANI 2023.11.01 18:54 I attest to the accuracy and integrity of this document/order