PYARE LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No. 8 dated 10.1.2013, under Section 15, 16, 27 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Adampur, District Hisar. Learned counsel for the petitioner has submitted that petitioner has been falsely involved in this case. The documents prepared at the time of recovery were having the FIR number which made the prosecution story doubtful. In support of his arguments, learned counsel has placed reliance on Didar Singh @ Dara versus The State of Punjab, : 2010 (3) R.C.R. (Criminal), 337' and Jagdish and another versus State of Rajasthan, : 2011 (3) RLW, 2252. Learned counsel for the petitioner has further submitted that the time in the arrest memo was mentioned as 7.30 P.M. whereas in the final report the time was mentioned as 4.50 P.M.

(2.) IN the present case, petitioner was found in possession of 80 kilograms of poppy husk which forms commercial quantity. The discrepancies submitted by learned counsel for the petitioner can be gone into by the Trial Court during trial. At this stage, challan has already been presented against the petitioner and charge has been framed against him. Since petitioner was found in possession of commercial quantity of the contraband, no ground for grant of bail to the petitioner is made out. Dismissed.