GOPI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Criminal Misc. Petition No. 17862-M of 1998 filed by Gopi Ram-petitioner herein whereby he has prayed for bail in case FIR No. 226 dated 12.5.1998 under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) PROSECUTION case in brief is that on 12.5.1998 SI Ram Avtar, SHO Police Station Sadar, Bhiwani was present at 'Y' point, Tigrana on Hansi-Bhiwani Road, alongwith HC Banwari Lal and HC Dharam Chand and others. Gopi Ram came from the side of Prem Nagar with a jute bag in his right hand. At the sight of the police party, he turned back and started walking swiftly. It aroused suspicion in the mind of SI/SHO Ram Avtar. That person gave his name as Gopi Ram son of Sheoran, resident of Dhanana. SI Ram Avtar felt suspicious about the contents of that jute bag. He felt that it was containing some narcotic. He served written notice upon him whether the wanted to be searched before any Gazette Officer or Magistrate or he agreed to be searched by him. Thereupon, Gopi Ram told him that he could go ahead and conduct his search. SI/SHO Ram Avtar searched that jute bag and found it containing charas in eight paper envelopes. That charas weighed 1 Kg. 600 grams. That jute bag was found to contain one iron balance, one weight of the denomination of 2 Kgs., one weight of the denomination of 200 grams and one weight of the denomination of 100 grams.

(3.) AT this stage merits of the submissions made by the learned counsel for the petitioner cannot be considered microscopically. Fact, however, remains that Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 stands like a rock against the accused so far as grant of bail is concerned. Court can allow bail only if it has reasonable feeling that the accused may not have committed the offence and further if the accused is allowed bail, he will not commit such offence.