Punjab-Haryana High Court
Ajay vs State Of Haryana on 31 March, 2022
CRM-M-39565-2021 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-39565-2021 (O&M)
Date of decision: 31.03.2022
Ajay
... Petitioner
Vs.
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Aditya Sanghi, Advocate
for the petitioner.
Mr. Deepak Grewal, DAG, Haryana.
*******
ARVIND SINGH SANGWAN, J. (ORAL)
Prayer in this 2nd petition is for grant of regular bail in FIR No.26
dated 10.02.2021 under Sections 22(c)/27-A of NDPS Act, registered at Police
Station Sadar Ratia, District Fatehabad; earlier one was dismissed as withdrawn
on 26.07.2021.
Learned counsel for the petitioner submits that the FIR was
registered at the instance of ASI Harpal Singh, with the allegations that while
on patrol duty, a boy carrying a bag was noticed and on seeing the police party,
he became perplexed and tried to run away by walking briskly, but he was
apprehended by the police party. On having suspicion that he is carrying some
intoxicant substance, he was given a notice under Section 50 of NDPS Act and
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in presence of Gazetted Officer, 1940 intoxicant tablets of Tramadol and 550
intoxicant tablets of Alprazolam were recovered. It is further submitted that
after two days i.e. 12.02.2021, the police arrested the petitioner on the
nomination of Ashok @ Shoky, who made a phone call to the petitioner and
thereafter, he was nominated under Section 27-A of NDPS Act. It is also
submitted that disclosure statement of the petitioner was recorded, in which he
stated that a boy namely Sumit, who was also named by the main accused
Ashok @ Shoky, used to visit his Burger Rehri and allured him to pay a
commission of Rs.2,000/- to accompany him and said Sumit made a phone call
from his mobile to Ashok @ Shoky. In support of his arguments, learned
counsel has relied upon a judgment of the Hon'ble Supreme Court in State by
(NCB) Bengaluru Vs. Pallulabid Ahmad Arimutta and anr., 2022 (1) RCR
(Crl.) 762.
Learned counsel further submits that the petitioner was never in
conscious possession of the contraband and as per his disclosure statement, he
was paid only Rs.2,000/- by Sumit, who is yet to be arrested. It is also
submitted that the petitioner is in custody for the last 01 year, 01 month and 19
days; he is first offender and challan stands presented, however, no prosecution
witness has been examined, therefore, it will take long time in conclusion of the
trial.
Learned State counsel has filed the custody certificate dated
30.03.2022 in the Court today, has not disputed the factual position.
After hearing learned counsel for the parties, without commenting
anything on merits of the case and considering the aforesaid facts and
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circumstances of the case, this petition is allowed and the petitioner is directed
to be released on regular bail subject to furnishing his bail/surety bonds to the
satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.
Petition is disposed of.
[ ARVIND SINGH SANGWAN ]
31.03.2022 JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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