BAROSI KUMAR AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The Petitioners seek regular bail in a case registered against them for the offence under Section 20 of the NDPS Act at Police Station Kherki Daula, District Gurgaon.

(3.) The FIR in the case has been registered on the statement of Narotam Parshad, Sub Inspector, who along with other police officials was present in connection with patrol duty near Service Road. At that time, a secret informer gave information to Sub Inspector Narotam Parshad that the Petitioners who were residents of Bihar were selling Ganja on the second gate of Groz Company. If a raid was conducted, they could be apprehended with the contraband. It was informed that the Petitioners received a lot of narcotic drugs, which they sell from their grocery shop. Information was found credible and a raiding party was accordingly constituted. A raid was conducted at the place disclosed by the secret informer and two persons were found standing at R.C.M. retail shop. On the asking of Narotam Parshad Sub Inspector, one of them disclosed his name as Barosi Kumar (Petitioner No. 1) while the other person disclosed his name as Ram Vilas (Petitioner No. 2). Three plastic bags were found outside the shop and one black colour bag was also found, in which narcotics were suspected. The Petitioners were informed by a separate notice that search was to be carried out in respect of the bags and whether they wanted to be searched by Narotam Parshad Sub Inspector or by some Gazetted Officer. The Petitioners stated that they wanted to be searched by Narotam Parshad, Sub Inspector. The black bag lying near Ram Vilas (Petitioner No. 2) and Barosi Kumar (Petitioner No. 1), was opened and it was found to contain 104 packets of Ganja and the plastic bags were opened which contained the contraband. On weighing the same, the contraband came to 15 Kgs in the first plastic bag, 18 Kgs in the second bag and 10 Kgs in the third bag while 2 Kgs was found in the black bag. Sample of 100 Grams was taken from each bag and the remaining Ganja weighing about 14.900 Kgs., 17.900 Kgs., 9.900 Grams and 1.900 Kgs were sealed with 6 seals of N.P. The weight of plastic bags of Ganja was 20 Grams each. The seal N.P. was handed over to Constable Sajjan Singh after use. The Petitioners were apprehended and have been found to be in the possession of 45 Kgs. of Ganja for which they could not account for.