SUKHDEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner assails order dtd. 21/1/2021 passed by learned Additional Sessions Judge, Palwal vide which an application filed by the petitioner under provisions of Sec. 167(2) Cr.P.C. for grant of bail has been declined.

(2.) A few facts necessary to notice for disposal of this petition are that as per case of the prosecution on 20/7/2020, a secret information was received by the police to the effect that Deepak, Sukhdev (petitioner), Rajesh and Vijay, are into business of Narcotic and psychotropic substances and on given day, they were bringing "Ganja Patti' in container No.HR-38R-1255 from Hamirpur to Palwal. Rajesh, Billu and Vijay were piloting the container in car No.HR-51-BZ-1908. Accordingly, barricading was held by police party headed by SI Ramesh Chand. After some time, car No.HR-51-BZ-1908 was signalled to stop. Secret informant identified Rajesh, Billu and Vijay as occupants of the car, who managed to escape by suddenly accelerating the car. After 5-6 minutes, container No.HR-38-R-1255 was seen coming. Its driver tried to flee after he was signalled to stop but was apprehended. Upon inquiry, he disclosed his name as Sukhvir. The person sitting on conductor side was also apprehended, who disclosed his name as Deepak. Notices under sec. 50 of NDPS Act were given to accused Sukhdev and Deepak. They desired to be searched in presence of gazetted officer. In presence of Shri Rohtash Kumar, Tehsildar, search of container led to recovery of 619.450 kg. "Ganja Patti' in plastic bags.

(3.) The matter was investigated by the police and a report under Sec. 173 Cr.P.C. was presented before the trial Court on 19/10/2020. The said report was, however, not accompanied by the report of FSL.