SUNNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.233 dtd. 24/9/2020 registered for the offences punishable under Ss. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') and Ss. 27(A), 29, 61, 85 of N.D.P.S. Act added later on at Police Station Sadar, Ratia, District Fatehabad.

(2.) Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

(3.) As per the case of the prosecution Kuljinder Singh and Hardeep Singh were apprehended while riding motorcycle bearing registration No.HR-40F-8892 and on search 19800 tablets of 'Tramadol Hydrochloride' were recovered from them. On their disclosure, Monu Goswami and Manav Verma were apprehended and the present petitioner was nominated further by Monu Goswami. There is no recovery of any contraband from the petitioner. He was ordered to be admitted to bail vide order dated 20th of August, 2021. However, on 7th of April, 2022 he absented himself from the trial which led to passing of the order cancelling his bail bonds. The petitioner approached this Court by way of CRM-M No.36197 of 2022 which came up for hearing before this Court on 31st of May, 2023. The petitioner was directed to surrender before the Trial Court/Duty Magistrate within a period of one week and was ordered to be admitted to interim bail to the satisfaction of the Trial Court subject to his depositing costs of Rs.25,000.00 with Sadhna Society for Mentally Handicapped Near Housing Board Chowk, Raen Basera Building, Manimajra, Sector 13, Chandigarh. The petitioner though deposited the said amount on the said date however failed to surrender. Thereafter, he filed an application seeking extension of time which was ordered to be listed on 29th of August, 2023. On 29th withdrew the said petition. of August, 2023 the petitioner ultimately The petitioner was declared Proclaimed Offender vide order dated 5th of August, 2023. He raised challenge to the said order vide CRM-M No.42670 of 2023 which came up for hearing before this Court on 29th of August, 2023. The same was disposed off observing as under: