ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in FIR No.104 dated 19.07.2018 under Sections 15 / 17 / 61 / 85 of NDPS Act, registered at Police Station Nathu Sarai Chopta, District Sirsa.

(2.) On 08.03.2019, while granting interim bail to the petitioner, following order was passed: - "Learned counsel for the petitioner submits that as per the allegations in the FIR, registered on a secret information, it is stated that three persons, namely Sohan Singh @ Sohni s/o Fauja Singh, Balwinder Singh s/o Dharam Singh and Zile Singh s/o Deep Chand (petitioner), are in the business of selling opium and poppy husk and they are bringing the same from Rajasthan on the date of incident i.e. 19.07.2018. It is stated that they are coming in a canter of the petitioner which is containing vegetables and if the same is intercepted, they can be apprehended with narcotic substances. On this, an information was sent to DSP, Ellenabad under Section 42 of the NPDS Act and the present FIR was registered and thereafter, when the Investigating Officer intercepted the said vehicle, he found that the same was driven by Sohan Singh @ Sohni and co-passenger was Balwinder Singh, and the petitioner was not found at the spot. Thereafter, Investigating Officer gave a notice to the aforesaid two persons under Section 50 of the NDPS Act and they gave their consent to be searched before a Gazetted Officer, on which, DSP, Ellenabad reached at the spot. Thereafter, on conducting search of the vehicle, 120 Kgs. of poppy husk and 1 Kg. of opium was recovered.

(3.) Learned counsel for the petitioner further submits that thereafter, on the disclosure statement of the co-accused, the petitioner was also arrested and during investigation, the police has obtained four affidavits i.e. one of the original owner of the truck, namely Mangeja Ram, who sold it to Tara Chand. Later on, Tara Chand sold the said vehicle to Jhandu Ram and further on an affidavit, Jhandu Ram has sold it to the present petitioner.