SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 439 Cr.P.C. for bail in FIR No. 135 dated 30.4.2001, under Sections 15/61/85 of the N.D.P.S. Act, registered at Police Station Bhuna District Fatehabad.

(2.) AS per allegations of the prosecution, on 30.4.2001, SI Jaipal Singh alongwith other Police officials was on petrol duty and when they were passing through village Hasanda one Devi Lal was joined in the Police Party. When they were near Palsar minor bridge Birdana, they parked their jeep on the road side and laid a naka. After 20-25 minutes, a jeep was seen coming towards the southern side of Birdana minor bride. When the jeep came near the said naka point the they gave a signal to stop with the flash of torch light. The jeep was got stopped. It was being driven by petitioner and other two persons were sitting on the middle seat. When the police party got stopped the jeep, a person who was sitting on the left side of the driver of the jeep escaped under the cover of darkness and he was Badri son of Ram Dhan as recognised by Devi Lal. The remaining three were apprehended. One plastic bag was with Makhan Lal. From the search of the said bag 5 kg. poppy husk was recovered and one another plastic bag was with Jagga. From the search of that bag 28 kg. poppy husk was recovered. From the plastic bag being held by Badri 10 Kgs. of poppy husk was recovered.

(3.) THE learned State Counsel failed to rebut the submissions made by the learned Counsel for the petitioner. No recovery has been effected from the petitioner. The allegation against the petitioner is that he was driving the jeep in which Makhan Lal, Badri and Jagga were travelling and they were carrying bags containing poppy husk. It will be decided at the time of trial whether Makhan Lal, Badri and Jagga were carrying poppy husk with the knowledge of the petitioner. But at present, no evidence has been collected by the prosecution that Makhan Lal etc. were carrying poppy husk with the knowledge of the petitioner. Furthermore, poppy husk alleged to have been recovered from Makhan Lal, and he has been released on bail in Crl. Misc. No. 21024-M of 2001 in which M.L. Singhal, J. has held that the case of the prosecution is not free from doubt as the seal was not handed over to an 'independent witness'. There is no material on records to show that the petitioner has been involved in any other case and if the petitioner is released on bail, he will commit some crime.