NAVPREET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been jointly filed by the petitioners under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short 'BNSS') seeking regular bail in the FIR mentioned below:-

(2.) As per the allegations, on 23/7/2024, a secret information was received that the present petitioners along with the co-accused Gauri Shankar, Satish Kumar and Dinesh Kumar were travelling in a Verna car bearing registration No.HR-24R-4292 and another car of 1-20 make bearing registration No.DL-8CT-0615 was following that car. It was informed that the petitioners and the co-accused were carrying huge quantity of poppy husk and were to go to Punjab from the jurisdiction of Police Station City Dabwali. Believing the secret information to be true, a barricade was immediately laid after sending information to the police station to register FIR. Sometime thereafter, the above mentioned Vema car was found coming from Chautala road side. Signal was given to stop the vehicle. The petitioners along with the co-accused Satish Kumar were found sitting in the same. The petitioner No.2-Narinder Kumar tried to escape but was over powerd by the police official. In the meanwhile, the above named 1-20 make car was also seen coming. The driver thereof tried to avert the police party by turning the car but the ignition of the vehicle went off. The occupants of the car were overpowered and they disclosed their names as Gauri Shankar and Dinesh Kumar. After completion of usual formalities, firstly personal search of all the apprehended persons was conducted and thereafter the vehicles were checked. Bags containing 80 kgs. of poppy husk were found kept in the 1-20 vehicle which was occupied by co-accused Dinesh Kumar and Gauri Shankar. The same were taken into custody. The accused were also formally arrested. Investigation now stands completed and challan has been presented.

(3.) It is argued by learned counsel for the petitioners that they have been falsely implicated in this case. No contraband whatsoever has been recovered from the car allegedly occupied by them along with co-accused Satish Kumar. As per the allegations, the recovery was effected from 1-20 car which was driven by the co-accused Dinesh Kumar and occupied by the co-accused Gauri Shankar. They were neither driver nor owners of the said Verna car. The provisions of Sec. 50 of the NDPS Act have not been complied with. They have been extended benefit of interim bail on 21/4/2025 and have not misused the same. The trial is likely to take time. Their further incarceration would not serve any useful purpose. They are on bail in the cases registered against them. The trial will take considerable time to conclude. It is, therefore, urged that the petition deserves to be allowed.