JASKARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE payer in this petition is to release the Petitioner on regular bail in case FIR 11 dated 31.3.2005 under Sections 17/18, 61/85 of the NDPS Act and Sections 25A/27A/61/85 NDPS Act registered at Police Station Rori District Sirsa.

(2.) AS per the allegations contained in the FIR, the police party received a secret information that one Jasbir Singh son of Karam Singh alias Ganga Singh is involved in smuggling of opium, intercepted him on Phaggu Johrar Rohi road and attempted to over power him. However, said Jasbir Singh took the tractor along with its trolley towards reverse side in the fields of Sarson and could not be apprehended though the police party allegedly chased him. From the tractor -trolley was recovered a bag containing opium weighing about 2 kg and 600 grams.

(3.) IN support of the prayer made in this petition, the learned Counsel for the Petitioner vehemently contends that even the Petitioner's brother (Jasbir Singh) was falsely implicated on account of political reasons, therefore, the Petitioner's subsequent involvement in any case is false. It is contended that the Petitioner and his brother were implicated for the reason that their father was allegedly an office bearer of a political party which was in opposition at that relevant time. In this regard a representation (Annexure P -2) is also stated to have been made to the police authorities. Learned Counsel for the Petitioner does not dispute that fact that Petitioner and his brother have filed a representation (Annexure P -2), which ought to have been considered in an objective and fair manner, especially when no challan has been presented so far.