KALU @ KALU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Prayer in this 2nd petition under Sec. 439 Cr.PC is for the grant of regular bail in case FIR No.64 dtd. 12/3/2020 under Ss. 21, 22 of NDPS Act, 1985 and Sec. 61 of Excise Act, 1914 registered at Police Station Ismailabad, District Kurukshetra.

(2.) The brief facts of the case are that secret information was received that Kalu @ Kalu Ram (petitioner) and his servant Dharam Pal together used to sell intoxicant tablets and illicit liquor at the house of Kalu @ Kalu Ram. If a raid was conducted at the house, Kalu Ram could be apprehended with a huge quantity of intoxicant tablets and illicit liquor. Based on the aforesaid information, after complying with the provisions of the Act regarding search and seizure, the recovery of 56700 tablets Alprazolem 0.5 mg, 8640 Capsuls Tramadol Hydrochloride 50 mg, 36 bottles of country made Marka Malta and 4 boxes of illicit liquor marka Charli came to be effected.

(3.) The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. In fact he is hearing impaired to the extent of 100%. The mandatory provisions of Ss. 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he was a first-time offender, in custody since 12/3/2020 and 09 out of the 23 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded anytime soon and therefore, he was entitled to the concession of bail in view of the judgment of the Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl.) Nos.5769/2022 arising out of judgment and order dtd. 4/5/2022 in CRM(NDPS) No.442/2022, decided on 1/8/2022 and Hasanujjaman and others Versus The State of West Bengal, SLP (Crl.) No.(s).3221/2023 arising out of impugned final judgment and order dtd. 29/11/2022 in CRM(NDPS) No.1323/2022, decided on 4/5/2023.