DARSHAN SINGH PANDIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) DARSHAN Singh and Sukhpal Singh are seeking anticipatory bail for some offences described under section 8/15/16/61/85 of the N.D.P.S. Act with regard to the FIR No. 042 dated 5.4.1996 registered by police station Badagudha, District Sirsa. A raid was arranged by the police in which two persons, driver of the truck and the other man, have been arrested and recovery of 145 bags of lime stone powder each weighing 20 kgs. and 53 bags of chura post each bag weighing 40 kgs. were recovered. The allegations against the present petitioners are that they had run away from the spot and with regard to which the support is sought to the statement of one co-accused, Amar Singh, the present petitioners, Darshan Singh and Sukhpal Singh, were also involved in the offence. The petitioners moved an application for anticipatory bail on 5.8.1996 with a notice to the prosecution. No stay was granted by this Court for the arrest of the petitioners. Again, the case was adjourned for today, and to the utter surprise of this court, the Investigating Officer did not make any effect to apprehened the accused, nor any proof has been filed before the court as to why the accused have not been apprehended. This shows the way in which the Investigating Officer is conducting investigation in the matter. He appears to be hand in glove with the accused and provided them a chance to be bailed out. It is a serious thing which requires to be looked into by the S.S.P. as to why the Investigating Officer has not taken prompt action in the matter and arrested the accused, come what may be. There is no positive evidence against the petitioners at the moment for which it can be said that they were involved in the offence except the statement of the co-accused, that too made before the police officer after the recovery has been effected. The recovery has already been effected in the matter and the presence of the accused for the recovery is not required. Hence, in the event of their arrest, the petitioners are ordered to be enlarged on bail on their furnishing personal bond in the amount of Rs. 50,000/- each with one surety in the like amount, to the satisfaction of Investigating Officer. After the bail is granted to them, the police is at liberty to make investigation from them for a period of five days, for the purposes of completion of the investigation in the matter. The petitioners shall co-operate with the police as required for the purposes of investigation.