RAJ KUMAR 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.165 dtd. 19/5/2022, under Ss. 15/61/85 of the NDPS Act, registered at Police Station Bhuna, District Fatehabad.

(2.) Learned counsel for the petitioner contends that 16 kg of poppy husk has been recovered from the polythene bag lying beneath the seat of the petitioner of the pick-up jeep, which is non-commercial as per the Schedule of the NDPS Act. He submits that there is no independent corroboration of the same and the mandatory provision of Sec. 50 of the NDPS Act has not been complied with. He further submits that the petitioner is in custody since 19/5/2022 and he is not involved in any other criminal case and the charges have yet not been framed and in all there are 14 witnesses. It is his further submission that co-accused has been granted bail by this Court vide order dtd. 4/11/2022.

(2.) It is made clear that in case of breach of any of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.