MUSTKIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Fir No. 95 came to be registered on 28/08/2018 on intimation sent by Sub Inspector Sultan Singh to the SHO Police Station, Rohrai. The said Sub-Inspector had received secret information that some narcotic substance was being transported in a ten tyre truck bearing registration No. HR-58A-4662 from Rajasthan to Panipat and that in case a naka was setup, the intoxicating substance could be seized. A naka was set up and the aforementioned truck was spotted. The driver of the truck tried to turn it around but the truck was stopped and the driver overpowered by the police personnel. The driver disclosed his name as Asfak son of Shamshad and the person sitting in the co-driver seat disclosed his name as Nawab son of Sarfaraj. A Gazetted Officer was called at the spot for carrying out a search. The search yielded five bags of poppy husk, total weight of which was 205 Kgs. 100 grams. Samples were taken and sealed and aforementioned Asfak and Nawab were arrested.

(2.) During the course of the investigation, the police recorded the disclosure statements of the persons who had been arrested. Accused-Asfak disclosed that the contraband was being transported on the directions of the petitioner, namely, Mustkim son of Iqbal. The police also found that he was the registered owner of the truck and, thus, nominated him as an accused.

(3.) The petitioner approached this Court through Crl. Misc.No.M55178 of 2019 for the relief of anticipatory bail. Along with the petition, he annexed affidavit dated 18th December, 2019 allegedly sworn by one Jabir son of Sagira that the truck in question had been purchased by him on 7th June, 2018 for a sum of Rs. 9,25,000/-. However, this Court declined to grant protection to the petitioner and the petition was withdrawn with liberty to surrender before the trial Court and seek regular bail. The trial Court was directed to decide the bail application within three days. Consequently, the petitioner surrendered on 21st January 2020 and sought regular bail. The application was, however, dismissed vide order dated 23rd January 2020. Thus, the present petition has been filed.