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High Court of Punjab and HaryanaCRM-M/52428/2023dismissed

Lal Singh v. State Of Punjab

2023-10-16Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 2023:PHHC:134726 CRM-M-52428-2023 Date of decision: October 16th, 2023 Lal Singh .....Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. L.S. Sidhu, Advocate for the petitioner.

MANJARI NEHRU KAUL, J. (ORAL) The petitioner is seeking the concession of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in case FIR No.108 dated 17.08.2023 registered under Sections 21 and 29 of the NDPS Act registered at Police Station Mamdot, District Ferozepur. 2.

Learned counsel for the petitioner submits that the petitioner has been nominated on the basis of a disclosure statement allegedly suffered by co-accused Sukhdev Singh @ Sukhi, from whom recovery of just 100 grams of heroin (which falls within noncommercial quantity) was effected. He submits that the evidentiary value of such disclosure statement is of weak nature and hints towards his false implication in the case in hand.

3.

On a pointed query put to the learned counsel for the petitioner qua the antecedents of the petitioner, he submits that no doubt, there were three other cases registered against him under the NDPS Act, two under different sections of the Indian Penal Code and one under Excise Act, however, he had been acquitted in one of the cases under the NDPS Act, whereas in another case registered under the PUNEET SACHDEVA 2023.10.17 10:53 I attest to the accuracy and integrity of this document.

Chandigarh

CRM-M-52428-2023 -2NDPS Act, he had already served out his sentence. 4.

I have heard learned counsel for the petitioner and perused the relevant material on record.

5.

Prima facie, the petitioner comes across as being a habitual offender and a person of criminal antecedents. In the circumstances, the petitioner does not deserve the extraordinary concession of anticipatory bail.

6.

The instant petition, therefore, stands dismissed. 7.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

October 16th, 2023 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2023.10.17 10:53 I attest to the accuracy and integrity of this document.

Chandigarh