PRAVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 438 of the Code of Criminal Procedure, has been filed by. the petitioners, for the grant of pre-arrest bail, in case FIR No.114 dated 12.12.2009, under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985, Police Station Sector-20, Chandimandir (Panchkula, Haryana).

(2.) I have heard the counsel for the parties, and have gone through the records of the case, carefully.

(3.) The counsel for the petitioners, has submitted that as per the allegations, on 12.12.2009, three persons came on a scooter and when the same was signalled to stop, two persons, who were later on identified as Parveen Kumar alias Vicky and Jatinder Kumar alias Babbu, petitioners, succeeded in running away, whereas, Mohit Kumar alias Kallu (non-applicant) was arrested, at the spot and was found in possession of 280 grams opium, without any permit or licence. He has further submitted that on 11.12.2009 Parveen Kumar alias Vicky, suffered from epileptic fits, at Jalandhar, and he consulted the doctor, who advised him five days rest. He has further submitted that Jatinder Kumar alias Babbu, brother of Parveen Kumar, was also with him, and both of them, stayed in the house of Satnam Singh Gill, DSP, 75th Bn. PAP, Jalandhar Cantt, from 11.12.2009 to 13.12.2009. He has further submitted that on 13.12.2009 they left his house. He has further submitted that an affidavit has already been submitted by the said DSP. He has further submitted that since both the petitioners were in the house of the aforesaid DSP, from 11.12.2009 to 13.12.2009, the question of their presence on 12.12.2009 in the area of Panchkula, where the alleged recovery was effected, from Mohit Kumar did not at all arises. He has further submitted that the petitioners have been falsely implicated in the instant case.