HAWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.326 dtd. 22/10/2024 registered under Ss. 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') (Sec. 29 of the NDPS Act, added later on) at Police Station Sadar Mahendergarh, District Mahendergarh.

(2.) The brief facts of the case are that on 18/9/2024, ASI Rohtash Kumar, along with other police officials, was present at Adalpur Bus Stand, Dadri Mohindergarh road, for narcotic detection. A secret informer alerted ASI Rohtash Kumar that Ramesh Kumar and Hawa Singh were traveling to Adalpur on a motorcycle bearing registration No.HR-82A-7772 carrying narcotics. Thereafter, a raiding party was formed and posted near Zile Singh's house at Adalpur Ki Dhani. Soon thereafter, the said motorcycle was spotted, and upon seeing the police, the riders attempted to turn away but they were apprehended. The rider of the motorcycle disclosed his name as Ramesh Kumar and the pillion rider of the motorcycle disclosed his name as Hawa Singh. Following the due procedure under the NDPS Act, a search was conducted, resulting in the recovery of 1kg 900 grams of Ganja from Hawa Singh (petitioner herein), concealed in a black polythene bag. Subsequently, the impugned FIR was registered.

(3.) Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case and the similarly situated co-accused of the petitioner namely Ramesh Kumar and Zile Singh have already been granted the concession of regular bail by the learned Sessions Judge, Narnaul vide order dtd. 5/12/2024. Further the alleged recovery of 01 Kg. 900 gms. of Ganja falls within the ambit of intermediate quantity and as such, the embargo created by Sec. 37 of the NDPS Act, would not apply in the instant case. He further submits that the petitioner is not involved in any other case registered under the NDPS Act and there is total non-compliance of mandatory provisions providing certain safeguards under the NDPS Act.