IRLASAMRAT Vs. STATE HARYANA

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.574 dated 28.09.2019 registered under Section 20 of the NDPS Act (Section 61 of the NDPS Act added later on) at Police Station City Ballabgarh, District Faridabad.

(2.) As per prosecution case, the FIR was registered on the basis of secret information that two young boys namely Irlasamrat (petitioner) and L. Ishwar are involved in selling ganja and they can be apprehended along with ganja, if naka is installed. The information was treated to be correct. Both the accused were apprehended. Both were carrying trolley bags in their hands and ganja was recovered from both the bags. 15 kgs 500 grams of ganja was recovered from the petitioner, whereas 16 kgs 200 grams of ganja was recovered from co-accused L. Ishwar. Bail has been declined to the petitioner by treating both the recoveries together to hold the same to be commercial in nature.

(3.) Learned counsel for the petitioner refers to Amar Singh Ramjibhai Barot Vs. State of Gujarat , 2005 3 ApexCri 326 (SC), Rakesh Kumar Vs. State of Punjab,2014 1 CriCC 159, CRM-M No.15957 of 2020 titled Ravindra Mahato Chauhan Vs. State of Punjab decided on 21.07.2020 and CRM-M No.17683 of 2019 titled Manoj Kumar Vs. State of Punjab decided on 22.07.2019 and contends that quantity of contraband carried by both the accused could not be added to bring the same within the meaning of commercial quantity. The contraband was recovered on personal search of the accused.