JASWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in case bearing FIR No.50 dtd. 27/1/2025 under Sec. 15 of the NDPS Act (Ss. 27-A/29 of the NDPS Act added later on) registered at Police Station Sadar Thanesar, District Kurukshetra.

(2.) Brief facts of the case are that on 27/1/2025, ASI Dharamvir was present on his duty at Anti Narcotic Cell, Kurukshetra, when he received a secret information regarding the sale of poppy husk, being made by one Gopal Rai and Manjeet Lal, who were working as a Cleaner and Driver, respectively, on a canter and they were to come towards Karnal from Madhya Pradesh with heavy quantity of poppy husk and on finding the information credible, the police team headed by ASI Dharamvir started checking the vehicles and two co-accused, namely, Gopal Rai and Manjeet Lal were apprehended along with the said canter having 300 kg of poppy husk and thus, the instant case.

(3.) Learned counsel for the petitioner inter alia contends that admittedly, poppy husk was recovered from the co-accused, namely, Gopal Rai and Manjeet Lal, who were apprehended at the spot along with the contraband. The petitioner has been nominated as an accused only on the basis of disclosure statement made by co-accused during their custodial interrogation which has no evidentiary value in the eyes of law as the same is hit by Ss. 25 and 26 of the Indian Evidence Act. There is no material to prove the conscious possession of the petitioner over the alleged contraband and investigation of the case is complete. The petitioner is behind the bars since 6/2/2025 and till date, out of total 16 prosecution witnesses, none has been examined so far.