JAGSIR ALIAS GHUAGHRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 CrP.C. for grant of regular bail in case FIR No.406 dated 15.07.2016 registered for the offences under Sections 15 and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and Sections 147, 149, 332, 353, 186, 224 and 225 IPC at Police Station Ratia, District Fatehabad.

(2.) The brief facts of the case are that on 15.07.2016, during the course of Nakabandi, the petitioner came on a car from the side of Ratia, who on seeing the police party turned the car towards the village and police personnel chased him. When the Police party reached near the house of the petitioner, he was found entering his house after unloading the bags from the car. On hearing the call of Police party, he tried to run away. When the Police party tried to overpower him, his wife Nisha and several other co-accused gathered at the spot and attacked upon them and helped Jagsir Singh in running away. On checking room, 12 bags containing Poppy Husk were recovered, out of which 6 bags were containing 20 Kgs. each, seventh bag was containing 10 Kgs., four bags were containing 13 Kgs. and one another bag was containing 8 Kgs. Poppy Husk. After separating two samples of 100 Grams each from each bag, the sample parcels and bags were taken into possession. The petitioner was arrested on 19.11.2018.

(3.) Learned counsel for the petitioner argued that the petitioner is innocent and has been falsely implicated in this case and he has been in custody since 19.11.2018. He further contended that there was non-compliance of mandatory provisions under Section 50 of the NDPS Act. The petitioner was not apprehended at the spot. He further contended that no independent witness was joined.