MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of two bail applications i.e. Crl. Misc. No. 37145-M of 2001 and Crl. Misc. No. 43010-M of 2001 seeking regular bail under section 439 of the code of Criminal Procedure (here-in-after referred to as the code') in case bearing F.I.R. No. 4 dated 4.1.2001 under Section 15 of the Narcotic Drugs & Psychotropic substances Act, 1985 (here-in-after referred to as 'the Act') registered at police Station Cheeka, District Kaithal.

(2.) On 4.1.2001 A.S.I. Anand Parkash along with other police officials were present near Dera Jasvir Singh Pehalwan. At that time he noticed a jeep bearing registration No. HR-09-8873 coming from the side of Kaithal. The jeep was got stopped. Mohinder Singh and Jaggi alias Mohinder were found sitting in the jeep. They were apprehended. The third person Shamsher Singh was successful in running away from there. On search six bags containing 217 kgs. 200 gms. of Poppy Husk were recovered. The seizure proceedings in accordance with prescribed procedure were completed. The case was registered against all the occupants of the jeep. It is still under investigation.

(3.) The learned counsel representing the petitioner accused, while pressing for their bail has stated that recovery has been foisted upon the petitioner - accused because the petitioner Mohinder Singh had filed a complaint against S.H.O. Kaptan Singh and on account of that animosity petitioner - accused has been implicated in the case. In support of the stand taken. reference was made to the copy of the complaint which is Annexure P-1. It was further contended by him that as per prosecution allegation, Jaggi accused was merely found sitting in the jeep and no material has been collected to connect him with the crime. It has been submitted by the state counsel that the accusation against the accused are serious and recovery of 217 kgs. 200 gms. of Poppy Husk was made from six bags being carried by the accused in jeep No. HR-09-8873. At the same time, it was not disputed by the state counsel that Shamsher Singh has already been granted the benefit of bail because he was not apprehended at the spot by the police.