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2013 DIGILAW 651 (PNJ)

Hamid Hassan v. State of Haryana

2013-05-20

Naresh Kumar Sanghi

body2013
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to petitioner, Hamid Hussan, who has been booked for having committed the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, (for brevity “NDPS Act”) in a case arising out of FIR No.398, dated 07.08.2011, registered at Police Station, City, Yamuna Nagar. 2. Learned counsel for the petitioner contends that the petitioner is behind the bars from 17.02.2012. He further submits that the name of the petitioner figured in the disclosure statement of his co-accused Pankaj Gupta who had already been granted the concession of bail by this Court. 3. Learned counsel for the State, on instructions from ASI Bhop Singh, Police Station, City, Yamuna Nagar, submits that Surinder Kumar, the co-accused of the petitioner, was apprehended while driving the Canter Swaraj Mazda from which 1096 Kgs of poppy husk was recovered. The said Surinder Kumar disclosed to the police that Pankaj was selling the poppy husk to the consumers. During investigation, the said Pankaj, disclosed that the petitioner, namely, Hamid Hassan, was also working with him, therefore, the petitioner be not granted the concession of bail. 4. I have heard the learned counsel for the parties and gone through the material available on record. 5. It is the conceded position that the petitioner and his co-accused, Pankaj, were not arrested on the spot. Pankaj, the co-accused of the petitioner, was arrested on the disclosure statement of Surinder Kumar, the principal accused, from whom the alleged poppy husk was recovered. Except that, no other material was collected to connect the Pankaj with the alleged offence. Said Pankaj, during investigation, alleged to have disclosed to the police that the petitioner was working with him. Except that no other material has been collected by the police to connect the petitioner with the alleged offence punishable under Section 15 of the NDPS Act. Learned counsel for the State, on instructions from ASI Bhop Singh, fairly concedes that no other case is pending against the petitioner. 6. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Hamid Hassan, s/o Mohd. Learned counsel for the State, on instructions from ASI Bhop Singh, fairly concedes that no other case is pending against the petitioner. 6. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Hamid Hassan, s/o Mohd. Safi, r/o Babupura, P.S.Nanota, District Saharanpur (U.P.) is ordered to be released on bail in this case, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Yamuna Nagar. ---------0.B.S.0------------