RAVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Ravi @ Chinky, aged about 28 years, resident of village Kailash, Tehsil and District Karnal, an accused in FIR No.0605 dated 21.11.2020 under Sections 20 and 25 of NDPS Act, registered with Police Station Gharaunda, District Karnal.

(3.) In nutshell, the prosecution story is that on 21.11.2020, a police party from Police Station Gharaunda led by P/SI Bijender Singh while present at bus stand Gharaunda in a private vehicle in connection with patrolling duty and crime checking, received a secret information that Randip son of Karam Singh, resident of village Kailash, District Karnal, Parmod son of Satpal, Vinod son of Lakhmi, Dharambir son of Hari Ram, all residents of village Taprana, District Karnal were indulging in trafficking of drugs in the form of selling ganja; that Randip, Vinod, Parmod and Dharambir had gone to Orissa for bringing ganja in a tractor make Eicher of red colour on which words ACC Gold were written along with dumper and car bearing registration No.HR05-AE-8065 make SX4; that such persons were returning from Orissa along with ganja in the dumper; the car being in front followed by a tractor and dumper. Finding the information to be reliable, P/SI Bijender Singh prepared notice under Section 42 of NDPS Act and sent it to the police station. Thereafter, the police party laid picket on GT Road, Gharaunda Cut in front of PWD Rest House. After some time, a car bearing registration No.HR05-AE-8065 make SX4 was spotted coming. It was got stopped and occupants of the car were apprehended. The driver of the car disclosed his name as Randip Singh son of Karam Singh, resident of village Kailash, whereas person sitting beside him on the front seat gave his name as Parmod son of Satpal, resident of village Taprana, District Karnal. A tractor make Eicher of red colour was also spotted coming. It was got stopped. Behind this tractor one canter of red colour, on which ACC Gold was written, was attached. The tractor was being driven by Vinod son of Lakhmi, resident of village Taprana, whereas Dharambir son of Hari Ram, resident of village Taprana was sitting on the side seat of the tractor. Suspecting the car, tractor and canter to be carrying narcotic substance, P/SI Bijender Singh served notice under Section 50 of NDPS Act upon the accused Randip, Parmod, Vinod and Dharambir. All of them opted to get the search conducted in presence of a gazetted officer, therefore DSP, Gharaunda was called to the spot. The personal search of accused was carried out, however nothing incriminating was recovered. The checking of the car did not result in recovery of any drugs or narcotics. The canter which was attached behind the tractor, was checked and it was found to contain 33 bundles tied with KHAKHI tape. Those bundles were containing ganja. The total weight of recovered ganja came to be 230 kgs. The recovered contraband was taken into possession after converting it into sealed parcel. The recovered ganja, car, tractor and canter were taken into police possession. Ruqa was sent to the police station, on the basis of which formal FIR was recorded. Accused Vinod in pursuance of disclosure statement got recovered tractor bearing registration No.PB13- AP-6415 from his residential house situated at village Taprana. The tractor was taken into police possession. During investigation, accused Umakant alias Pujari produced bank account details showing the transaction for purchase of ganja, which were taken into possession by the police. Accused Vishal and Ravi alias Chinky (present petitioner) were nominated in this case.