SUNIL @ DHILLO @ SUNIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed under Sec. 483 of BNSS, seeking regular bail in case FIR No.298 dtd. 19/5/2024, under Ss. 20, 29 of NDPS Act, registered at Police Station Kundli, District Sonipat Haryana and charges were framed under Ss. 20,25,29 of NDPS Act.

(2.) As per the allegations in the FIR, upon receiving secret information regarding the petitioner and his co-accused, namely Harish Kumar @ Thapa, who were allegedly going to Narela from Village Nahra via Rampur Border, Village Nahri, in a car bearing registration number DL4 CAX 9249, a police team set up a naka/checkpoint. The aforesaid car was intercepted at the checkpoint.

(3.) Learned counsel for the petitioner submits that no recovery was effected from the personal possession of the petitioner. It is further explained that, even as per the FIR, the recovered contraband was not visible to anyone, as it was contained in a black-colored polythene bag bearing the name and branding of a protein supplement. Therefore, the moot question before the learned trial Court, at the appropriate stage, would be whether the petitioner was in conscious possession of the recovered contraband, merely by virtue of being present in the same vehicle.