HARVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in a case registered vide FIR No. 24 dtd. 22/2/2020 under Ss. 15A, 21C, 22C, 29, 61, 85 of the NDPS Act at Police Station Guhla, District Kaithal.

(2.) The FIR in question was lodged on the basis of secret information received by the police to the effect that Harvinder Singh sells "poppy husk' and in case a raid is conducted heavy quantity of "poppy husk' can be recovered from the store in the house of Harvinder Singh. Upon receipt of said information, the police proceeded to the house of Harvinder Singh and saw a boy coming out of the store who was carrying two green coloured polythene bags in his right hand and one green coloured polythene bag in his left hand and who upon noticing the police party threw away the said polythene bags and tried to run away. However, the said boy was apprehended. Brown coloured substance was noticed scattered on the floor from one of the polythene bags which had been thrown by aforesaid Harvinder Singh. The said substance was found to be "poppy husk'. Upon checking another polythene bag thrown by Harvinder Singh, the same was found to contain 1110 tablets of "Tramadol Hydrochloride' and 1390 tablets of "Alprozolam'. The third polythene bag was also found to contain "poppy husk'. Upon enquiry, the boy who had been apprehended disclosed his name as Harvinder Singh. When he was asked about the contents of the two polythene bags which contained brown coloured substance, Harvinder Singh disclosed that one polythene bag contained "poppy husk' and the other contained intoxicant chemical powder. Upon weighment of "poppy husk', the same was found to weigh 800 grams. The intoxicant chemical powder was found to weigh about 7 kilograms. The weight of 1110 tablets of "Tramadol Hydrochloride' was found to be 440 grams and of 1390 tablets of "Alprozolam' was found to be 165 grams.

(3.) The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the instant case and that the falsity of the case would be evident from the fact that there is disparity in the weight of the contraband which is alleged to have been recovered and the weight of the contraband as has been found as per report of the FSL. The learned counsel, in this regard has submitted that while as per FIR, the "Tramadol Hydrochloride' recovered was found to weigh 440 grams but when the weight of the same is calculated as per the average weight of a tablet, the same works out to 457 grams. It has further been submitted that similarly while the weight of 1390 tablets of "Alprozolam' was found to be 165.4 grams but when the same is worked out in accordance with weight of the tablet, as recorded in the report of FSL, the same is found to be 168.19 grams.