SUSHIL KUMAR 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.209 dtd. 20/8/2023 under Ss. 15C/29/61/85 of NDPS Act registered at Police Station Nathusari Chopta, District Sirsa.

(2.) The FIR was lodged pursuant to receipt of secret information to the effect that four persons namely Krishan Fagedia, Jaiveer @ Jaibir, Dara Singh Machra and Surender @ Dholu had concealed 400 kilograms of 'poppy husk' in rooms constructed behind Government School of Village Rupana. Pursuant to receipt of said information, a raid was conducted at the nominated place i.e. behind Government School, Village Rupana and 400 kilograms of 'poppy husk' was recovered. However, none of the accused was arrested from the spot. It is further the case of prosecution that after about 9 months of lodging of the FIR, the petitioner, who is also known by the name of Dara Singh, was apprehended by the police from his village.

(3.) Learned counsel for the petitioner inter alia contends that identically situated co-accused, namely, Rajesh Kumar @ Dara Singh and Salinder @ Surender Kumar @ Dholu, have been granted the concession of regular bail by this Court vide order dtd. 5/9/2024 passed in CRM-M-42679-2024 titled as 'Rajesh Kumar @ Dara Singh Vs. State of Haryana"(Annexure P-3) and order dtd. 13/12/2024 passed in CRM-M-61845-2024 titled as 'Salinder @ Surender Kumar @ Dholu Vs. State of Haryana' (Annexure P-4), respectively. He further submits that there is no evidence available on record to connect the petitioner with the alleged recovery of poppy husk. There is no legal evidence to establish the exclusive and conscious possession of the petitioner over the alleged contraband and moreover, the petitioner has been declared as accused after 13 months of the alleged recovery. Except the secret information, there is no other evidence to remotely suggest the complicity of the petitioner. The petitioner is behind the bars since 21/11/2024 and out of 34 prosecution witnesses, not even a single witness has been examined till date.