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2023 Supreme(P&H) 704

DEEPAK GUPTA
Prince – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Yashpal Thakur, Advocates, for the petitioner.
Mr.P.S. Pandher, AAG, Punjab.

DEEPAK GUPTA, J.

By way of this petition filed under Section 482 Cr.P.C., petitioner has prayed to quash order dated 02.09.2022 (Annexure P-10) passed by ld. Trial Court during proceedings of case FIR No.119 dated 09.10.2021 registered at Police Station Mulepur, district Fatehgarh Sahib under Sections 22(c), 29, 61 & 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short ‘the NDPS Act’], whereby application under Section 91 & 92 Cr.P.C., moved by the petitioner to preserve and produce the call details record of his mobile, was dismissed.

2. It is contended by ld. Counsel that as per prosecution version, 1000 contraband capsules and vials having different batch numbers were recovered from co-accused Sudhir Kumar on 09.10.2021, who in his disclosed statement suffered on 10.10.2021, nominated Sunil Kumar and petitioner (Prince) to be the suppliers and on that basis, Section 29 of the NDPS Act was added. Ld. Counsel contends that as per prosecution allegations, on 10.10.2021, police party apprehended the petitioner and Sunil Kumar from main highway Rajpura, Sirhind within the limits of village Reona and more contraband material was recovered from them.

3. Ld. counsel co

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