SONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the second petition filed under Sec. 439 Cr.P.C. seeking grant of regular bail to the petitioner in case FIR No.197 dtd. 16/9/2021 registered under Sec. 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") at Police Station Sadar Tohana, District Fatehabad (Annexure P-1).

(2.) Version of the prosecution is that the police party apprehended Sonu, present petitioner and co-accused, Vikram alias Vicky, who were travelling on a motorcycle and recovery of 265 grams of heroin was effected from them. On a confessional statement of the accused, Alok @ Loki and Devender were arrested.

(3.) Counsel for the petitioner contends that recovery individually effected from the petitioner is 150 grams of heroin, which does not fall within the ambit of commercial quantity as per the notification issued under the NDPS Act. He submits that challan has been presented, charge has been framed and the petitioner, who is in custody since 16/9/2021, is no longer required for custodial interrogation. Still further, he submits that first petition (CRM-M-54704 of 2021), preferred by the petitioner was disposed of by this Court, vide order dtd. 31/12/2021 and the petitioner was ordered to be taken to the venue of the marriage ceremony of his siblings.