AMARJEET SINGH @ BABBU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the petitioner. The petitioner seeks regular bail in a case registered against him on 13.3.2010 for the offences under Sections 15, 27 and 27 (A) of the Narcotic Drugs And Psychotropic Substances Act; besides, Sec. 25 of the Arms Act and Sec. 120B Indian Penal Code. The FIR in the case has been registered on the basis of a complaint made by SI Dilbagh Singh who was present at village Aherwan along with other police officials in connection with patrolling and detecting crime. Information was received at village Aherwan by SI Dilbagh Singh that Radhey Sham, who indulges in transporting narcotic drugs, was coming in his 'Tata Indica Vista' car bearing registration No.HR-20S-1517. The car was being CRM No. M-33741 of 2010 [2] driven by Yogesh Kumar. They were bringing poppy husk from Kotputli in Rajasthan.

(2.) A Police post was set up to check the vehicles coming from Fatehabad side. After about 20 minutes, the Indica Vista car regarding which special information was given, was seen coming from Fatehabad side. When it came near SI Dilbagh Singh he signalled it to stop. On seeing the police party, the driver of the car tried to turn the car back, but it was apprehended. The Police officials saw the driver and one other person sitting in the car. On asking their names, the driver disclosed his name as Yogesh Kumar and the person sitting by his side disclosed his name as Radhey Sham. He was having a .315 bore pistol in his pant pocket, which was taken by the Police in its possession. Besides, 50 Kgs of poppy husk was recovered after search of the car. The petitioner Amarjeet Singh @ Babu has been named by Radhey Sham, co-accused as the person who also indulges in smuggling poppy husk.

(3.) Learned counsel for the petitioner has contended that the petitioner was not arrested at the spot and he is being implicated on the basis of the statement of the co- accused. It is submitted that no purchase of the contraband has been made by Radhey Sham, co-accused from the petitioner and he had not gone to Kotputli in Rajasthan along with Radhey sham and his driver Yogesh Kumar. The petitioner has not been arrested at the spot. Learned State counsel has submitted that the petitioner is also involved in case FIR No.584 dated CRM No. M-33741 of 2010 [3] 17.12.2009 registered at Police Station Ratia, District Fatehabad for the offence under Sec. 15 of the Narcotic Drugs And Psychotropic Substances Act. In the said case, it was alleged that the petitioner had supplied narcotic drugs to other accused. I have given my thoughtful consideration to the matter. In case FIR No.584 dated 17.12.2009 registered at Police Station Ratia District Fatehabad for the offence under Sec. 15 of the Narcotic Drugs And Psychotropic Substances Act, the petitioner has been granted bail by this Court in terms of order dated 1.12.2010 passed in CRM No. M-33272 of 2010. It was held that the petitioner had been in custody since 7.9.2010 and the contraband recovered from him did not fall in the category of commercial quantity. In the present case, it may be noticed that no recovery has been effected from the petitioner and he is sought to be implicated on the basis of a disclosure statement of co-accused Radhey Sham. The statement of the co-accused cannot by itself be treated as a substantive evidence and it is to be corroborated by other material. The petitioner was not arrested at the spot in the present case. The co-accused of the petitioner namely Giani, Radhey Sham and Yogesh Kumar have been granted bail by this Court. The trial in the case is likely to take time. The fact that the petitioner was not arrested at the spot and no recovery has been effected from him, it can be inferred that he is prima facie not guilty of the offence attributed to him. Besides, apart from FIR No.584 dated 17.12.2009 registered at Police Station Ratia, District Fatehabad for the offence under Sec. 15 of the Narcotic Drugs And Psychotropic Substances Act, there is no other case CRM No. M-33741 of 2010 [4] registered against him. The said case relates to recovery of non-commercial quantity. The petitioner at the time of registration of the present case i.e. on 13.3.2010 was in custody in FIR No.584 dated 17.12.2009 registered at Police Station Ratia, District Fethabad for the offence under Sec. 15 of the Narcotic Drugs And Psychotropic Substances Act. He has been in custody in the said case since 7.9.2010. Therefore, it can be said that while on bail, he is unlikely to indulge in offence under the Narcotic Drugs And Psychotropic Substances Act.