BHOLA SINGH ALIAS BHOLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BHOLA Singh alias Bhola, petitioner seeks bail in case bearing FIR No. 92 dated 10.2.2001 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) with Police Station, Sadar, Fatehabad.

(2.) ON 10.2.2001, ASI Guriya Ram of C.I.A. Staff, Fatehabad, along with other police officials, was going in Government Jeep No. HR-22B-0337 driven by Nirmal Singh, Constable. When they reached about 2 Kms, west of Village Khumber, he noticed the accused taking out some bags from the heap of sticks. On suspicion, he went there and recovered two bags from his possession. Three other bags were also kept in the heap of sticks. After arranging the presence of Jiwan Singh, Naib Tehsildar, Fatehabad, the search proceedings were conducted at the spot. Each of the bags were found to contain 20 Kg. of poppy husk.

(3.) LEARNED counsel representing the petitioner, while pressing for his bail, has urged several grounds. Firstly, it was contended by him that mandatory provisions of Sections 50, 52 and 57 of the Act have not been complied with during the recovery proceedings. Secondly, that the place of recovery is accessible to all and as such possession of the petitioner-accused over the bags is not substantiated on the face of record. Thirdly, that the prosecution has failed to indicate the manner in which the petitioner-accused had carried the bags to the place of recovery. Reliance was placed by him on the observations made in Balkar Singh v. State of Haryana, 2001(4) RCR(Criminal) 275, wherein search had been effected before the Naib Tehsildar, who was not a Magistrate and the secret information received was not reduced in writing and sent to the superior officer as required under Section 42 of the Act and for that reason benefit of bail was extended to the petitioner- accused.