MAJOR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of FIR No.544, dtd. 15/7/2022, under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'the NDPS Act'), registered at Police Station Old Industrial Area, Panipat, District Panipat.

(2.) Learned counsel for the petitioner submits that the contraband recovered from the petitioner is 4 Kg., 590 grams of ganja 'Leafs' were recovered from the plastic bag carried by the petitioner, which he submits is non-commercial as per the schedule in the NDPS Act. He further submits that challan has been presented against him and he has been in custody for the last three months. He has been falsely implicated in the present case by the police officials due to ulterior motive. He further submits that there is non-compliance of Sec. 42 of the NDPS Act, as the police party received secret information but the same was not forwarded to the senior officers immediately from the spot. He also submits that Sec. 37 of the NDPS Act is not attracted as the recovery falls under the non-commercial quantity. He further submits that the charges are yet to be framed and there are 18 witnesses.

(3.) Per contra, learned State counsel opposes the petition on the ground that nine more cases had been registered against the petitioner, four cases under the Excise Act, three cases under the NDPS Act and two cases under the IPC and the petitioner was apprehended at the spot. He, however does not controvert the fact that the recovery effected is non- commercial quantity; the challan has since been presented, however charges are yet to be framed; there are 18 witnesses in all; he is in custody for the last three months.