JITENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above mentioned 3rd petition filed on behalf of petitioner seeking grant of regular bail in respect of the aforementioned FIR; and also the application i.e. CRM-19318-2024 filed on behalf of the petitioner seeking extension of interim bail as granted to him vide order dtd. 12/2/2024.

(2.) The allegations as levelled against the petitioner are that on 2/10/2020 when a team of Anti Narcotic Cell, Sirsa was present at Red Light Chowk, Sirsa then a secret information was received by ASI Mahender Singh, who was heading the said team to the effect that Jitender Kumar @ Jeetu indulges in supplying 'heroin' and that even on the given day, he was to proceed from his rented house in street No.5, DC Colony, Sirsa to Punjab for sale of 'heroin' in his Maruti Zen car bearing registration No.UP-32AK-5345. Pursuant to receipt of said information, an intimation in terms of Sec. 42 of Narcotic Drugs and Psychotropic Substances Act, 1985 was sent to Deputy Superintendent of Police, Head Quarter Sirsa through ESI Raj Kumar and the team headed by ASI Mahender Singh proceeded towards street No.5, DC Colony, Sirsa, where barricades were laid for checking. Shortly after some time, a car bearing registration No.UP-32-AK-5345 was seen, but its driver, upon noticing the police party, tried to turn back the car but failed to do so as other cars were parked in the street. The person driving the vehicle was apprehended and upon inquiry, disclosed his name as Jitender Kumar @ Jeetu. Upon being asked as to why he was trying to turn back the car, he could not furnish any satisfactory reply. It was suspected that he was carrying some contraband and accordingly a notice in terms of provisions of Sec. 50 of NDPS Act was served upon him intimating him that he had an option to be searched before a Magistrate or a Gazetted Officer. Jitender Kumar @ Jeetu expressed that he wanted his search as well as of his car to be effected in the presence of a Gazetted Officer. Accordingly Shri Kalu Ram, SDO, PH Division No.2 Sirsa was contacted telephonically and was requested to come at the spot. When Shri Kalu Ram, SDO reached at the spot Jitender Kumar @ Jeetu was produced before him and search of Jitender Kumar @ Jeetu as well as of car bearing registration No.UP-32-AK-5345 was effected. A green coloured polythene bag was recovered from the pants worn by Jitender Kumar @ Jeetu and upon checking, the same was found to contain 'heroin' in a transparent polythene bag, which upon weighment was found to weigh 350 grams. Upon interrogation of Jitender Kumar @ Jeetu by ASI Mahender Singh, he disclosed that long time earlier Jangir Singh @ Jangira had sold the contraband to him.

(3.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and that there is no evidence worth credence to establish the allegations levelled against him pertaining to recovery of 350 grams of 'heroin'. It has further been submitted that the petitioner is suffering from various ailments and was having stone in his gall bladder and that although he had been operated upon, but he still needs some surgery. It has been submitted that the contention of the petitioner as regards his medical ailments had been accepted earlier and the petitioner had been granted interim bail and since his condition has now worsened, he deserves regular bail or in alternative, deserves extension of interim bail.