DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is second petition filed under Section 439 of the Code of Criminal Procedure, 1973, for grant of bail to the petitioner in a criminal case arising from FIR No.79 dated 22.03.2020, registered under Section 15 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, at Police Station Sector 13-17, Panipat.

(2.) The first application, filed by the petitioner, was dismissed on 12.05.2020. In a nutshell, the case of the prosecution is that on the basis of secret information received, the police party apprehended the driver and the conductor along with Truck No. PB-02-BV-8199, which was parked in the passage going from Noorwala to Ansal. As per the secret information, they were talking to someone else on the mobile phone regarding the delivery of narcotics. A Gazetted Officer was associated in the search, the truck was found loaded with 100 Kgs. 100 grams of Doda Post (poppy's fruit) and 5 Kgs. 40 gm Chura Post (poppy's husk). These narcotics were concealed in various other goods which were being transported in the truck. The driver and the conductor/helper disclosed their names as Makhan Lal and Gagan. They further disclosed that the aforesaid narcotics were loaded from Shaheed Baba Deep Singh Panjabi Hotel, Mangalwara, Udaipur, Rajasthan by Bittu for its delivery to the petitioner-Dinesh at Panipat against the payment of Rs.20,000/-. The driver and the conductor, on reaching near Murthal, spoke to Bittu who directed them to reach Panipat city and the consignee would himself contact them. After an hour, when they reached Panipat city, a telephonic call from Mobile No. 8396967111 was received and the caller identified himself as Dinesh-the petitioner herein and directed them to park their truck near the bus stop of Noorwala after taking a "U-Turn" from the Toll Plaza of Panipat. On reaching at the designated place, they parked their vehicle on the road side and called Dinesh repeatedly. They could talk only once or twice, but thereafter, Dinesh switched off his phone. Since by the time it was quiet late at night, therefore, they slept in the vehicle and in the morning, they were apprehended by the police.

(3.) The police, during investigation, apprehended the petitioner and recovered the mobile with sim No. 8396967111 which is in the name of father-in-law (Azad) of the petitioner. It was also brought to the notice of this Court that the petitioner is also involved in another case under the 1985 Act, although released on bail. Keeping in view the aforesaid facts, the bail application was dismissed on 12.05.2020.