IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-35135 of 2010 Decided on:- 08.08.2011 Sukha Singh ......Petitioner Versus State of Punjab .......Respondent CORAM HON'BLE MR. JUSTICE MAHESH GROVER Present: Mr. Vivek Thakur,Advocate for the petitioner. Mr. BBS Teji, Sr.DAG, Punjab. MAHESH GROVER, J(Oral) This petition under Section 438 of the Code of Criminal Procedure was directed to be heard alongwith CRM No. M-32123 of 2010, in which the petitioner had prayed that he is not the person involved and in questioned his identity as the person involved in the commission of the offence. For the reasons which have been submitted in the reply in the said petition i.e CRM No. M-32123 of 2010, the same has been dismissed by a separate order. The respondents have stated in the reply that the petitioner is the person involved in the commission of the offence. The instant petition was directed to be listed alongwith the said petition. This Court had earlier stayed the arrest of the petitioner on 19.1.2011, noticing the plea of the petitioner but now since the reply has been filed in the connected petition and having regard to it and prima facie finding that the petitioner is involved in the commission of the offence, I am of the opinion that the interim directions dated 19.1.2011 need not survive as the instant petition also deserves dismissal on the ground that the person whose complicity is prima facie indicated in the serious offence under the NDPS Act does not deserve the concession of bail under Section 438 of the Code of Criminal Procedure. This petition is therefore, dismissed. Respondents are free to proceed against the petitioner. 08.08.2011 ( MAHESH GROVER) mamta JUDGE