AVTAR SINGH ALIAS TARRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner seeks regular bail in a case registered against him on 7.7.2009 for the offences under Sections 15 and 16 of NDPS Act. The FIR in the case has been registered on the basis of memo sent by Dalbir Singh, ASI, Police Station Ding, District Sirsa. It is stated that ASI Dalbir Singh along with other Police officials were in a Government vehicle in connection with night patrolling duty at Sangha road near Gurudwara Narel Khera. At that time, a car was seen coming towards the school of Narel Khera. It was signalled to stop. When the car stopped then the persons sitting near the driver seat succeeded in running away from the spot. He was recognized by ASI Dalbir Singh as Jagtar Singh (nonpetitioner). The car driver was apprehended and he disclosed his name as Avtar Singh alias Tarri (petitioner). On checking the car it was found to be of Indigo make of white colour bearing registration No.HR-12G-7260. On account of the suspicion raised the search of the car was conducted which resulted in recovery of six bags of poppy straw (Chura Post) each weighing 20 Kgs. Sample of the contraband that was recovered was prepared and the six bags were taken in custody.

(3.) Learned counsel for the petitioner has submitted that coaccused of the petitioner, namely, Jagtar Singh, who is stated to have run away from the place of occurrence has been granted the concession of bail vide order dated 14.9.2009 passed by the learned Additional Sessions Judge, Sirsa. It is submitted that the petitioner is shown to be arrested at the spot on 7.7.2009 and since then he is in custody. In fact, the petitioner was arrested from his house in the presence of respectables of the village and later he was implicated in the present case. It is submitted that the petitioner is not the owner of the car nor has any concern or link with the car.