PAPPI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure seeking bail pending trial in the case F.I.R No. 44, dated 13th March, 1995 registered at Police Station Baragudha District Sirsa under Sections 15/16 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter ref erred to as the Act).

(2.) Briefly stated, the facts of the case are that information was received by the patrolling party headed by S.H.O. Police Station Baragudha that one person namely, Jarnail Singh caste Jat was living with his cousin brother Munna alias Joginder Singh and doing the business of Chura Post (Poppy husk) in the field of his brother. Accordingly, the said S.H.O. along with the Police Party reached the fields of Munna and found that 3-1/2 bags of Poppy husk were lying near a person who stated his name as Pappi, son of Jamail Singh. It is further alleged in the F.I.R that the said Pappi was asked as to whether he would like to be searched before a Gazetted Officer or a Magistrate or by the said S.H.O., and Pappi stated that he wanted to be searched before any Gazetted Officer. Thereafter, a message was sent to D.S.P. Ram Nath, and the said D.S.P. came at the spot an a gave the orders of the search and as a result thereof, 31/2 kags of poppy husk were recovered and after drawing 100 grams from each bag as sample, the remaining poppy husk was weighed and found 39.00 Kgs. in each bag and after preparing one Pulanda of sample, and the remaining Poppy Husk was sealed through stamp RW and Pappi was taken into custody.

(3.) Notice of this petition was issued to A.G., Haryana on 2nd May, 1995.