JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Jagdish son of Biru Ram has approached this Court under Section 439 of the Code of Criminal Procedure for being released on bail. First Information Report No. 160 of 22.8.1996 under Section 18/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has been registered against him at Police Station Adampur, Hisar District.

(2.) ACCORDING to the First Information Report on 22.8.1996 when Rajinder Singh Sub-Inspector/Station House Officer, Police Station Adampur alongwith other police officials was present at the Bridge of Ravinda Sadalpur, Bhorian Bishnoi for checking, the petitioner Jagdish was coming in Gypsy from the road (from the side of Adampur) and was apprehended on suspicion. His name, address were ascertained. He was informed that he had some intoxicant/opium/poppy husk in his Gypsy and, therefore, his Gypsy was to be searched. He was asked whether he wanted to be searched by the said Assistant Sub-Inspector or before some Magistrate or Gazetted Officer, but he had given it in writing that the Assistant Sub Inspector can search the Gypsy. Accordingly the Gypsy of the petitioner bearing Registration No. DL-3C-7611 was searched. Under the seat of the Driver 1 kg. of Opium wrapped in Polythene paper was found, out of which 10 gram of poppy was taken out as sample, and they were taken into separate sealed parcels.

(3.) THE petitioner had earlier approached the Sessions Court, Hissar, and the learned Additional Sessions Judge, dismissed the application for bail.