MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) My this order shall dispose off two petitions for grant of regular bail bearing CRM-M No. 44521 of 2017 filed by Mange Ram and CRM-M No. 45231 of 2017 filed by Rajesh Kumar, both of them being accused in F.I.R. No. 129 dated 21.7.2017 for offence under Sections 18 , 29 and 61 of NDPS Act registered with Police Station Loharu, District Bhiwani.

(2.) Briefly stated the facts of the case as per prosecution story are that on 21.7.2017, a police party from the Police Station Loharu headed by ASI Satbir Singh was present near Dhigawa Mandi Pahari Road, when the ASI received a secret information that one Radhey Shyam along with Mange Ram and Rajesh had been indulging in drug trafficking and Radhey Shyam was to come from the side of village Isharwal in his Bolero vehicle to supply the contraband. During the course of checking, Bolero was stopped coming from side of village Isharwal having registration No. HR42D-0241. It was intercepted. The vehicle was being driven by Radhey Shyam. The two other occupants of the vehicle disclosed their names as Mange Ram and Rajesh. On personal search being conducted, Mange Ram was found to be carrying white parcel wrapped in a plastic bag in right pocket of his Kurta which was found to be containing of milk of opium total weighing 499 grams. Rajesh was found to be carrying 649 grams of opium. Samples were drawn. All the three occupants of vehicle were arrested.

(3.) After completion of investigation and other formalities, the accused have been forwarded to face trial and as stated by the State counsel trial is pending in the Court of Judge, Special Court, Bhiwani and charge is yet to be framed, inasmuch as the next date of hearing fixed for that purpose is 13.2.2018. Both the accused had approached the Court below for grant of regular bail but were unsuccessful there. Their requests were declined by Additional Sessions Judge, Bhiwani vide order dated 2.11.2017, as such they have come to this Court asking for similar relief. Their requests are being opposed by the State counsel.