LAWS(P&H)-2020-6-25

GURMEET SINGH Vs. STATE OF HARYANA

Decided On June 19, 2020
GURMEET SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) All the cases listed today have been taken up for hearing by way of video conferencing because of the situation existing due to the Covid-19 pandemic.

(2.) By this petition, filed under the provisions of Section 439 of the Cr.P.C., the petitioner seeks the concession of bail, upon FIR no.96, dated 08.09.2019, having been registered at Police Station Odhan, District Sirsa, against him, alleging therein the commission of offences punishable under Section 22(c) of the NDPS Act, 1985.

(3.) Learned counsel for the petitioner submits that in fact the petitioner has been named as an accused only upon an alleged disclosure statement of the person from whom (allegedly) as per the case of the investigating agency, 32500 tablets of Tramadol Hydrocholoride were recovered; and the reason for the false implication is that upon the petitioner having been arraigned as an accused in FIR no.29 dated 11.03.2015, at Police Station Odhan, District Sirsa, he was eventually acquitted by the trial court vide its order dated 21.01.2019, with the trial court in the concluding para thereof, having issued show cause notices to four police officials of the same police station, firstly to explain as to why the provisions of the NDPS Act were not followed in that case, and secondly, as to why damages should not be imposed upon them for illegal confinement of the petitioner. (A copy of the said judgment has been sent in the group created by the Coordinator of this video conferencing, with the Reader of this court, as also the Coordinator and the learned State counsel being part of that group. The said judgment has been put to this court by way of 'whatapp communication' by the Reader of this court).