RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.514 dated 15.08.2019 registered under Section 20 of the NDPS Act at Police Station Samalkha, District Panipat.

(2.) The FIR was registered on the basis of secret information. The prosecution case is that Madan took some land on lease form one Ishwar including a kotha where raid was conducted. 330 kgs of ganja patti was recovered from plastic bags lying in a room constructed in the filed belonging to Ishwar. On seeing the police party, Madan fled away from the spot and the petitioner was arrested from the spot.

(3.) Madan has been granted regular bail by this Court on 23.01.2020 passed in CRM-M No.52934 of 2019. The conscious possession of the contraband viz-a-viz the title of the land from where it was recovered would remain debatable in the present case. It would also be debatable as to whether recovery of Ganja would fall at par with Charas under Section 20 of the NDPS Act in view of order dated 11.05.2017 passed in CRM-M No. 11862 of 2017 titled Manbir Singh Vs. State of Haryana.