MOHIT 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. 374, dtd. 21/12/2020, Police Station Sector 13-17, Panipat, under Ss. 20 and 29 of NDPS Act.

(2.) As per the case of prosecution a secret information was received by the police to the effect that 4 young persons were selling 'Charas' and were travelling in a Wegon-R vehicle bearing registration No.HR-69-C-4808 and were proceeding from Karnal towards Panipat. Pursuant to receipt of said information barricading was held and vehicle bearing registration No.HR-69C-4808 was signalled to stop. While the driver of the said vehicle disclosed his name as Dinesh, the person sitting by his side on the front seat disclosed his name as Krishan. The two persons sitting on their rear seats disclosed their names as Mohit and Deepak. The accused were served with a notice under Sec. 50 of NDPS Act, pursuant to which the accused opted to be searched in the presence of a Gazetted Officer. Mr. Sanjeev Sharma, XEN Panchayati Raj, Panipat was called to the spot and in his presence the search of the accused and of the vehicle was conducted. The search of the vehicle yielded recovery of 1.990 Kg of 'Charas' which was kept in a polythene bag in between the front seats.

(3.) Learned counsel for the petitioner has submitted that it is a case where a joint offer in terms of Sec. 50 of NDPS Act was extended to all the four accused which has repeatedly been deprecated by the Court and in these circumstances it cannot be said that proper compliance of provisions of Sec. 50 NDPS Act has been made. Learned counsel has further submitted that in any case the petitioner, who was sitting on the rear seat, cannot be attributed conscious possession of the contraband allegedly recovered and that at best it is the occupants of the front seats who can be attributed conscious possession.