ISHAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure for grant of concession of regular bail to the petitioner in case First Information Report No.386 dtd. 7/5/2016 under Sec. 20/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act of 1985") registered at Police Station City Thanesar, District Kurukshetra.

(2.) As per the accusations in the First Information Report, on 7/5/2016 when ASI Raj Kumar alongwith his official companions was present in Kirti Nagar, he received a secret information against the petitioner and after some time of his sending the information in writing to D.S.P. City, he intercepted vehicle No.HR-07V-1801 coming towards Vashist Colony and he got the same stopped. The driver disclosed his name as Isham Singh son of Jaipal (petitioner). Expressing suspicion that there was narcotic substance in the vehicle, notice under Sec. 50 of the Act of 1985 was served upon him in the presence of witnesses. D.S.P. City, Thanesar was informed and was asked to come at the spot. On his reaching the spot, the D.S.P. enquired the matter from Isham Singh and signed the notice under Sec. 50 of the Act of 1985 and in pursuance of the same asked the ASI to take search of Isham Singh and the vehicle. A plastic bag found on the front seat and another plastic bag lying on the back seat were opened and it was found that both the bags contained Ganja. On weighing, the contraband came out to be 49 Kgs 500 grams. Two samples of 250 grams each were taken from each of the bags and the residue was repacked in the bags. The sample and the residues were converted into sealed parcel and the petitioner was arrested.

(3.) The application for regular bail filed by the petitioner was dismissed by learned trial Court.