Mintu vs State of Haryana - 2023 Supreme(P&H) 3080

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2023 Supreme(P&H) 3080

PANKAJ JAIN
Mintu – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Petitioner:Mr. Satbir Singh Kanwar, Advocate; For the Petitioner
For the Respondent: Mr. Vikram Singh, AAG, Haryana.

JUDGMENT

Mr. Pankaj Jain, J.

(Oral) By way of present petition, the petitioner seeks regular bail in FIR No.0054 dated 24.02.2021, registered for offence punishable under Section 20 of NDPS Act at Police Station Beri, District Jhajjar.

2. Counsel for the petitioner has relied upon order passed by this Court in CRM-M No.12708 of 2023 dated 28.03.2023, wherein while admitting co-accused i.e. Vikas Dhillu to bail, this Court observed as under:-

"xx xx xx

3 Status report by way of affidavit of Naresh Kumar, HPS, Deputy Superintendent of Police, Beri, District Jhajjar on behalf of respondent/State has been filed, wherein it is not denied that the gazetted officer in his testimony has specifically denied that he was called on the spot for the purpose of compliance of Section 50 of the NDPS Act.

4 In order to appreciate the argument raised at the behest of learned counsel for the petitioner, it is necessary to peruse testimony of PW/4-Gazetted officer which reads as under :-

Public Health, Beri.

Time : 11:20 AM to 12:00 Noon

This deposition of the witness has been recorded by me (Jyoti Lamba, ASJ, Jhajjar), on 18.02.2022 as under :-

On SA......

Stated tha