NISHAN SINGH @ LAADI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no. 97 dated 26.07.2011, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act'), registered at police station Siwan, District Kaithal. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Judge, Special Court, Kaithal dismissing bail application filed by the petitioner.

(2.) BRIEF allegations are that, on 26.07.2011 while police party was checking the vehicles, a Canter bearing registration No. HR -65 -0965 make Eicher which was covered with tarpaulin, came from Kaithal side. Driver of the vehicle was given signal to stop. However, he accelerated the speed of Canter and tried to run away. Police party followed the Canter and forced the driver of the canter to stop by parking the police jeep in front of the Canter. However, as there was darkness, driver of the canter succeeded in running away. On search 57 bags containing poppy husk were found. Search was made in the presence of Deputy Superintendent of Police, Guhla. The bags were found containing 2251 Kg. 500 grams of poppy husk. During investigation Satbir Singh son of Rameshwar Dass got recorded his statement that on 17.07.2011 he was present at Bus Stand Kangthali where Mohar Singh, Jodha Singh, Kali Ram, Angrej Singh, Chhabeg Singh and Vikki were already sitting. In the meantime, Amardeep resident of Samana and Richhpal Singh resident of Rod came in Scorpio jeep. They were also followed by present petitioner -accused, Nishan Singh in Canter bearing registration No. HR -65 -0965, which is owned by Amardeep and all of them had taken tea there. It is further stated that after tea, petitioner -Nishan Singh brought out a diary and made a entry in the same. Amardeep told the other persons, which were present there that their delivery would be given in this round and hence, he demanded money from them, which was given. On 29.12.2011 statement of Balraj Sharma was also recorded who stated that the canter was loaded through his transport on 20.05.2011. He stated that petitioner was driver of the said Canter on that day. He also produced documentary evidence in this regard. Petitioner -accused was arrested in FIR no. 137 dated 25.12.2011, under Section 15 of the NDPS Act and Sections 420/ 467/ 468/ 471 IPC, police station Sadar Kaithal and he was also arrested in this case. As per his disclosure statement he got recovered his driving license, voter card of Richhpal Singh and a diary from the canter and he also disclosed the names of other accused. In the said diary quantity of poppy husk, which was to be delivered to other accused, was also mentioned. Name of petitioner was initially mentioned by co -accused, Rachhpal Singh. Call details of mobile phones of petitioner and co -accused were also collected and same revealed that petitioner and co -accused were in constant touch with each other.

(3.) BAIL application has been vehemently opposed by learned counsel for respondent -State on the plea that case of present petitioner -accused is not similar to co -accused as sufficient evidence has come against petitioner as narrated above that he was driving the Canter at the time of occurrence though he succeeded in running away and that huge quantity of poppy husk was recovered from the said truck, which was being driven by present petitioner -accused. Hence, keeping in view the aforementioned facts and without expressing anything on the merit of the case, and in view of bar created under Section 37 of the NDPS Act, I am of the view that petitioner -accused is not entitled for concession of bail. There is no merit in the instant application for bail filed by Nishan Singh @Laadi. The same is, hereby, dismissed.