RAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 586 dated 20.10.2013 under Ss. 15 of the NDPS Act registered at Police Station Sadar, Fatehabad, District Fatehabad Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case, whereas, there was no cogent evidence to connect him with the crime. He further submits that the petitioner has been implicated with mala fide intention of Sub Inspector Tarsem Singh on the basis of fabricated record as neither the land, from where the alleged recovery was made, belongs to the petitioner nor he was arrested at the spot. Learned counsel also submits that the petitioner was not found to be in conscious possession of the contraband and the mandatory provisions of NDPS Act have not been complied with Learned counsel also submits that the petitioner is in custody since 21.11.2013 and the incomplete challan was presented on 22.12.2013 and the charge against the petitioner was framed on 06.01.2014 without obtaining any Chemical Examiner's Report. Learned counsel also submits that the petitioner is not a previous convict as no other case of NDPS Act is pending against him.

(2.) Learned State counsel, on instructions from ASI Bahadur Singh, has not disputed the factum of presentation of challan and framing of charge as the charge was framed on 06.01.2014, whereas, the report of Forensic Science Laboratory was dated 08.01.2014. Copy of the charge sheet as well as report of Forensic Science Laboratory have also been brought to the notice of this Court.

(3.) Heard the arguments of learned counsel for the parties and have also perused the contents of FIR as well as order passed by the lower Court.