LALTA PRASAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in these petitions is for grant of regular bail to the petitioners namely Lalta Prasad and Rahul Kumar Maurya under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in Crime No.VIII/35/DZU/2020 under Ss. 8, 18-C and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the Psychotropic Substances Act (in short 'the NDPS Act') registered at Narcotics Control Bureau vide criminal complaint dtd. 6/1/2021.

(2.) Counsel for the petitioners have argued that as per the allegations in the complaint filed by NCB, on 20/7/2020, a secret information was received that both the petitioner are carrying narcotic drugs and are coming through Sonepat Highway in car bearing registration No.DL1R-TA-4239. Thereafter, by giving an information to the Intelligence Officer of NCB, a team was constituted and the car was intercepted on 21/7/2021 at 02:30 Hrs at Panipat Toll Plaza. On stopping the car, the driver of the car introduced himself as co-accused Umesh Rajput whereas the petitioner sitting on the co-driver seat of the car informed his name as Lalta Parsad and the person sitting on the rear seat of the car told his name as Rahul Maurya. Thereafter, a notice under Sec. 50 of the NDPS Act was served giving them option to be searched before the Gazetted Officer or the Magistrate, on which all the 03 accused gave their consent that they can be searched by the NCB Officer. Thereafter, the same team of the NCB searched the said vehicle and from the roof ceiling of the car, above the seat of the driver, 02 transparent polythene bags containing some black substance were recovered and the accused told that it is opium, which they are taking to District Kaithal. Thereafter, the said substance was checked which was found to be 04 Kgs and 02 samples were drawn and the remaining bulk sample was also sealed and on completing the formalities, notice were given to all the accused under Sec. 67 of the NDPS Act for recording their statements. In response to the notice, the petitioner Rahul Kumar stated that he is known to the other 02 accused and they are jointly bringing the opium in the car belonging to Umesh Rajput.

(3.) Similar is the statement made by the petitioner - Lalta Parsad.