DEEPAK @ DEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail to the petitioner in case arising out of FIR No. 139 dtd. 18/7/2024, registered under Ss. 22C and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Pehowa, District Kurukshetra.

(2.) Brief facts of the case relevant for the disposal of the present petition are that on 18/7/2024, on the basis of a secret information, co-accused Daljeet Singh was apprehended by a police party headed by ASI Sukhvir Singh and recovery of 1000 tablets of Clovidol-100 and 500 tablets of Tramadol Prolonged-release containing salt of Tramadol Hydrochloride was effected from him. Upon interrogation, the aforesaid co-accused named one Daler Singh, who on being arrested named one Devi Dayal. When co-accused Devi Dayal was arrested and interrogated, the name of the petitioner surfaced in this case on the allegations that he used to purchase intoxicating drugs from the present petitioner. The petitioner was subsequently arrested on 28/8/2024. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforementioned offences. He had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dtd. 18/12/2024.

(3.) Learned counsel for the petitioner has argued that he has been falsely implicated in this case. He has been nominated in this case on the basis of a series of disclosure statements made by the co-accused, which are not admissible in evidence against him. No recovery has been effected from him. The petitioner has falsely been implicated in two more cases of similar nature but he is on bail in one of those cases. Even otherwise, investigation has since been completed and challan has been filed. Conclusion of trial is likely to take a long time. The petitioner is in custody since 28/8/2024. No useful purpose would be served by keeping him in custody anymore. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail.