GAURAV KHANDUJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Sec. 439 Cr.P.C. is filed seeking regular bail in FIR No. 173, dtd. 30/7/2021, under Ss. 22(C) and 27-A of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), registered at Police Station Sadar Ratia, District Fatehabad.

(2.) The brief facts are that the police during patrolling on 30/7/2021, checked motor cycle bearing registration no. Hr-59B-9486. The riders were Balwant Singh and Harbans @ Bansi Lal. From their conscious possession, 6000 Alprazolam Tablets IP 0.5 mg weighing 1200 grams and 4900 Tramadol Prolonged-release Tablets IP weighing 2450 grams were recovered. During investigation the co-accused in his first disclosure statement named Khan as supplier of the recovered contraband but in the second disclosure statement they stated that recovered tablets were purchased from the Gaurav Khanduja(petitioner). Petitioner is in custody since 9/3/2022 after his arrest no recovery was made.

(3.) Learned counsel for the petitioner argues that the petitioner was not apprehend at the spot, no recovery was made from him and his name surfaced in the disclosure statement. He further submits that it is a case of false implication due to petitioner's involvement in another case under the Act.