HARI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this 2nd petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.131 dated 21.09.2017, for offence punishable under Sections 21-C of the Narcotic Drug and Pscychotropic Substances Act, 1985 (in short 'the NDPS Act') and 61 of the Punjab Excise Act, registered at Police Station Odhan, District Sirsa.

(2.) The first petition was filed by the petitioner with a limited prayer that awaiting the report of the FSL, he may be granted the concession of interim anticipatory bail. Counsel for the petitioner has submitted that after the report of the FSL has been received, the petitioner has surrendered back before the Jail Authorities and therefore, he has moved the second petition for grant of regular bail. 1 of 4 Counsel for the petitioner has further submitted that as per the allegations in the FIR, the police party was present on Banwala Road area, village Khaishergarh in search of suspected persons and noticed that a Honda City car bearing registration No.DL2-FFU-0052 coming towards them. The Investigating Officer, ASI Kheta Ram signaled the same to stop and the driver of the car after stopping the same, tried to run away and the other person, whose name is Hari Singh i.e. the present petitioner, also tried to run away from the spot, however, both of them were apprehended by the police party. The Investigating Officer gave them a notice under Section 50 of the NDPS Act for giving an option to be searched before the Gazetted Officer or a Magistrate. Upon which, both of them reposed confidence with the same Investigating Officer. Thereafter, upon search of the car, 80 strips of Alprazolam tablets in bag and 75 strips of Alprazolam tablets (both containing 10 tablets each) were recovered. In the later part of the FIR, it is stated that when the petitioner Hari Singh was running towards cotton fields, he injured his left knee.

(3.) Counsel for the petitioner has relied upon FIR No.143 dated 24.10.2017, which was registered at the same Police Station Odhan District Sirsa, under Sections 323, 34, 341 IPC, on the complaint of the petitioner wherein it is stated that at about 11.30 p.m., he had started traveling in the car driven by some unknown person and the co- accused Anil son of Rashpal was sitting on the back seat and in the meantime, a liquor contractors Bolero car, hit the car from the back side and thereafter, some persons named in the FIR came down and caused injuries to the petitioner and in that process, he suffered injury on his 2 of 4 left knee and thereafter, the police came at the spot and recovered 18 cartons of liquor and intoxicant tablets. On 21.05.2019, the following order was passed by this Court, directing the Investigating Officer to file an affidavit:-