BALTEJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in these petitions is for grant of anticipatory bail to the petitioners namely Baltej Singh @ Chiri son of Harnek Singh and Kulwinder @ Kindi son of Darshan Singh in FIR No.130 dtd. 29/5/2018 registered under Sec. 15 of the Narcotic Drug and Psychotropic Substances Act, 1985 (in short 'NDPS Act) and 120-B of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Sadar Dabwali, District Sirsa.

(2.) Learned counsel for the petitioners has submitted that as per allegations in the FIR, on receiving a secret information that two trucks bearing registration No.PB-05M-9351 and PB-05Y-5637 had gone to Rajasthan and would return with contraband, the police laid barrier and stopped the truck bearing registration No.PB-05Y-5637. The driver of the said truck disclosed his name as Jagjeet Singh (petitioner) and the conductor disclosed his name as Kulwinder Singh @ Kindi son of Gurdeep Singh. On checking the truck, the same was found filled with big size gas cylinders and during the investigation, the driver and conductor informed that another truck bearing registration No.PB-05M- 9351, which is 4-5 kilometers behind them, is coming and huge quantity of contraband is kept in that truck. After some time, the said truck reached the spot and the same was also stopped. The name of the driver was Kulwinder @ Kindi and conductor's name was Baltej. After issuance of notice under Sec. 50 of the NDPS Act to the aforesaid driver and conductor of truck No.PB-05M-9351, 440 kgs poppy husk was recovered.

(3.) Learned counsel for the petitioners has further submitted that the police submitted the report under Sec. 173 Cr.P.C., without the report of the Forensic Science Laboratory (FSL) on 17/11/2018 and the FSL report was submitted only on 18/4/2019, therefore, incomplete challan was submitted and, thus, the petitioners are entitled for default bail under Sec. 167(2) Cr.P.C. It is further submitted that both the petitioners are in custody since 30/5/2018 and are not involved in any other case. Learned counsel for the petitioners has further submitted that one of the co-accused of the petitioners namely Jagjeet Singh has already been granted the concession of regular bail vide order dtd. 21/9/2018 passed by this Court in CRM-M No.41030 of 2018.