SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is 3rd petition under Section 439 of Cr.P.C. for grant of bail pending trial to petitioner in case FIR No.272, dated 07.08.2018 under Section 22/61 of N.D.P.S. Act, 1985, registered at P.S. Rania, District Sirsa.

(2.) Brief facts of the case are that on 07.08.2018, ASI Taresm Singh along with other police officials while on patrolling duty on Government vehicle No. HR-24X-4305, reached near village Bachar, then in the meanwhile, one car was seen coming on the road. On suspicion, police party signalled the car to stop, but they tried to turn back the car and in that process the car stopped and police party tried to apprehend them. Due to darkness four persons managed to flee away from the spot, but the one who was sitting on the back seat was apprehended. On inquiry, he disclosed his name as Pritam son of Rishpal, resident of Kaluana. On search, one plastic bag (katta) was recovered from the diggi of the car, wherefrom 2900 capsules and tablets of Tramadol Parvoin-Spas Ridley and Tramadol Trio-SR were recovered in boxes. On inquiry, accused disclosed the names of fled-away persons as Manish, who was driving the car, Sandeep (petitioner), Surjit Singh son of Mohinder Singh and Sonu son of Om Parkash and admitted his involvement alongwith them in the present case. During investigation, Pritam disclosed that said contraband was brought by Manish son of Raja Ram.

(3.) Contends that main accused namely Pritam Singh, from whom the recovery of 2900 capsules, tablets containing Tramadol Parvoin-Spas Ridley and Tramadol Trio-SR was effected, has already been granted the concession of regular bail by a Co-ordinate Bench of this Court vide order dated 30.01.2020 passed in CRM-M-50774-2019. Further contends that neither petitioner was apprehended at the spot; nor any contraband was recovered from him and he is not facing any other criminal case.