JAGBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter has been taken up through video-conferencing on account of outbreak of pandemic COVID-19.

(2.) The allegations against petitioner Jagbir in this first petition under Sec. 439 Cr.P.C. for grant of regular bail in case FIR No. 228 dtd. 11/9/2019 registered under Sec. 15/61 of N.D.P.S. Act 1985 at Police Station Sadar Narwana, District Jind are as follows:-"On 11/9/2019 on the basis of secret information police stopped one truck, a Swift car and a Bolero pickup jeep latter bearing registration No. HR-56B-34316. From the search of the jeep petitioner alongwith Hajari Lal and Naseeb co-accused/non applicants were found to be sitting whereas one of the persons subsequently identified as Babloo managed to escape. From the search of the jeep 409 kilograms and 440 grams of poppy husk was recovered".

(3.) Counsel for the petitioner inter alia contends that the petitioner is behind the bars since more than 01 year and 11 months and that there is no other criminal case of similar nature against the petitioner. It is claimed that it is the case of political rivalry and that petitioner has never been alleged to be in conscious possession of the contraband.