MANOJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.0344 dtd. 20/11/2018 at Police Station PGIMS Rohtak, District Rohtak under Ss. 21 and 22 of Narcotic Drugs and Psychotropic Substances Act.

(2.) As per the FIR, the police received secret information to the effect that Manoj @ Bittu (petitioner) resident of #985/13, Adarsh Nagar, Rohtak has kept a large quantity of intoxicant medicines in a room built in his house and sells the same. Pursuant to receipt of said information, a raid was conducted at the said premises. When the police entered the said premises a person, upon noticing the police, tried to run away but was apprehended by the police. Upon inquiry he disclosed his name as Manoj @ Bittu. Upon search of the room built in the rear portion of the house, huge quantity of drugs were recovered. As many as 18144 capsules of 'Spasmo-Proxyvon' having batch No.JT10739, 1008 capsules of 'Spasmo-Proxyvon' having batch No.JT10637, 5328 capsules of 'Spas Core-Von', 1135 bottles of 'Onerex Syrup' and 2400 tablets of 'Alprasafe 0.5' were recovered.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that the premises from where the recovery is alleged to have been effected, cannot be said to be in exclusive possession of the petitioner inasmuch as other members of his family including two of his brothers are also residing in the same premises and that, as such, the petitioner cannot be attributed conscious possession of the same. Learned counsel, in order to hammer forth his aforesaid submissions, has drawn the attention of this Court to a copy of ration card of the petitioner's family i.e. Annexure P-2, wherein the details of the members of family have been mentioned in the following manner: