SEBI ALIAS SEWAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in a case having FIR No.168 dtd. 27/6/2022 registered under Ss. 21(b) and 29 of NDPS Act at Police Station Ratia District Fatehabad.

(2.) The counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case which is registered by the police alleging that 51.55 grams of heroin was recovered from coaccused Rinku while both of them were travelling on motorcycle driven by the petitioner. The counsel for the petitioner further submits that no contraband was recovered from the conscious possession of the petitioner. The counsel for the petitioner further submits that the earlier also petitioner was falsely involved in one case relating to recovery of 5.25 grams of heroin, in which he has been enlarged on bail and that the petitioner is behind bars for the last more than 6 months and it will take considerable time for the trial to conclude as the same is yet to commence.

(3.) The instant petition is resisted by the State counsel, who on instructions from ASI Chiman Lal submits that the petitioner is habitual offender and earlier also 5.25 grams of heroin was recovered from his possession and he is facing trial in the said case. However, the State counsel has not disputed the fact that in the instant case no recovery was effected from the petitioner who was driving the motorcycle while recovery of 51.55 grams of heroin was effected on the personal search of pillion rider namely Rinku and that the petitioner is already enlarged on bail in the another case faced by him under the NDPS Act. I have considered the submissions made by counsel for the parties.