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2018 Supreme(P&H) 1356

MAHABIR SINGH SINDHU
Rohit Bhatti – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Dilpreet Singh Gandhi, Advocate,
For the Respondent: Mr. Tanvir Joshi, AAG, Punjab.

JUDGMENT :

MAHABIR SINGH SINDHU, J.

1. Present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.114 dated 27.05.2014 registered for offences punishable under Sections 399, 402 and 411 of Indian Penal Code (for short, “IPC”); 25 of the Arms Act; and 22 of Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar, District Amritsar.

2. It is contended by learned counsel for the petitioner that the petitioner is in custody since 05.01.2018 and the alleged recovery is 110 grams of intoxicating powder. It is further contended that the charges have already been framed in this case and now nothing is to be recovered from the petitioner.

3. On the other hand, learned State counsel has opposed the bail and produced the custody certificate of the petitioner, which is taken on record.

4. Heard learned counsel for the parties and perused the paper-book.

5. Perusal of the above-said custody certificate reveals that the petitioner is a habitual offender and he has already been convicted in FIR No.61/13, registered under Section 22 of the NDPS Act, at Police Station Wind, Amritsar as well as in another FI







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