Dismissed

Mahender Singh v. State of Hp

Himachal Pradesh HC11 Apr 2023CRMPM/783/2023

Case brief

AI extract

What is this about?

A single judge dismissed a bail petition filed by Mahender Singh in an NDPS case involving heroin recovery. The court noted the petitioner's criminal track record with two prior heroin FIRs. The prayer to withdraw the petition was allowed, and the matter was dismissed with liberty to file afresh.

What did the court decide?

The bail petition is dismissed as withdrawn with liberty to file a fresh petition at an appropriate stage.

Mahender Singh Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MP(M) No.783 of 2023

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Decided on: 11^th April, 2023 ------------------------------------------------------------------------------------- Mahender Singh …..Petitioner

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Versus

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State of Himachal Pradesh .....Respondent -------------------------------------------------------------------------------------

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Mr. Ashok Kumar Verma, Advocate. For the Respondent: Mr. Y.P.S. Dhaulta, Mr. Rupinder Singh Thakur and Mr. Navlesh Verma, Additional Advocates General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General.

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HC Manoj Kumar No.88, Police Station Kot Kehloor, District Bilaspur, H.P., present in person alongwith record.

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Jyotsna Rewal Dua, Judge

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The petitioner seeks regular bail in FIR No.47/2022, dated 25.05.2022, registered under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Kot Kehloor, District Bilaspur, H.P.

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2. The respondent has filed the status report and also produced the record.

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1 Whether reporters of print and electronic media may be allowed to see the order?

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3. I have heard learned counsel for the petitioner, learned Deputy Advocate General and have also considered the status report and the record produced by the respondent.

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4. The FIR is in respect of alleged recovery of 28 grams of heroin from the petitioner. The quantity though falls in ‘Intermediate Category’ notified under the NDPS Act, however, the status report reflects criminal track record of the petitioner inasmuch as six FIRs have been registered against the petitioner for different offences. Last two FIRs, viz. (i) FIR No.22/2020 was registered on 29.03.2020 under Sections 21 and 29 of the NDPS Act at Police Station Swarghat, District Bilaspur, for recovery of 15.78 grams of heroin and (ii) FIR No.99/2021 was registered on 19.11.2021 under Section 21 of the NDPS Act and Sections 207, 181 and 194D of the Motor Vehicles Act at Police Station Talai, District Bilaspur, wherein 15 grams of heroin was allegedly recovered from the petitioner.

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Considering the criminal track record of the petitioner, at this stage, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to move a fresh petition at an appropriate stage in accordance with law. Prayer is not opposed. Accordingly, the present

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petition is dismissed as withdrawn with leave and liberty as aforesaid. Pending miscellaneous application(s), if any, also stand disposed of.

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April 11, 2023 Mukesh

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Jyotsna Rewal Dua Judge

Mahender Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Mahender Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

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