Kasim Ali vs State Of Punjab - 2024 Supreme(P&H) 1576

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2024 Supreme(P&H) 1576

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Kasim Ali – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Abhishek Chaa, Advocate and Mr. Mandeep Singh, Advocate
For the Respondent: Mr. Sahil R. Bakshi, AAG, Punjab

JUDGMENT :

Kuldeep Tiwari, J.

Through the instant petition filed under Section 439 of Cr.P.C., the petitioner prays for grant of regular bail in case FIR No.307 dated 04.07.2022 (Annexure P-1), under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sohana, District SAS Nagar, Mohali, Punjab.

2. The case as set up by the prosecution is that a naka was laid near Pearl Society, village Sukhgarh, and at about 7.00 p.m., two persons having their hair cut were seen coming on the motorcycle, from the side of village Sukhgarh, who were signaled to stop, upon which the person, who was sitting as a pillion rider, was having a polythene bag in his hands, and he has thrown the aforesaid polythene bag on the garbage heap, and thereafter, they tried to run away, by turning their motorcycle. However, both the persons fell down on the road, due to the imbalance of the motorcycle, and thereafter, they were apprehended by the police party, and later on, they disclosed their names as Rohit, who was driving the motorcycle, and the present petitioner, who was riding as pillion. On search of the polythene bag, which was thrown on the heap of garba