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2014 DIGILAW 712 (PNJ)

Narsi v. State of Haryana

2014-04-21

T.P.S.MANN

body2014
JUDGMENT Mr. T.P.S. Mann, J. (Oral):- Prayer made in the petition is for the grant of regular bail to the petitioner in a case arising out of FIR No.157 dated 9.4.2012 under Sections 17, 18 and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Mandi Dabwali, District Sirsa. 2. As per the prosecution case, Vinod Kumar, who is son of the petitioner was apprehended on suspicion. His search led to the recovery of 500 grams of opium. Further, aforementioned Vinod Kumar informed SI Krishan Lal, who was heading the police party that his father i.e. the petitioner and cousin Suresh had brought the contraband from Rajasthan and handed it over to him for selling at Killiyanwali, Punjab. 3. Learned counsel for the petitioner has submitted that Vinod Kumar, co-accused of the petitioner from whom the recovery of contraband was effected has already been granted the concession of bail by learned Sessions Judge, Sirsa vide order dated 14.5.2012. The petitioner also applied for bail but it was denied to him on the ground that he was a habitual offender as he already stood convicted and sentenced in a case under Section 15 of the of the Narcotic Drugs and Psychotropic Substances Act. Learned counsel also submitted that the petitioner had earlier moved this Court twice for the grant of bail but those applications were dismissed as withdrawn on 13.9.2012 and 4.3.2013. It is also submitted that apart from the present case, the petitioner was involved in two more cases under the Narcotic Drugs and Psychotropic Substances Act. In one case, he already stood acquitted, whereas in the other case, he is convicted and sentenced to undergo imprisonment for three months, which period he has already served. He is now in custody since 26.6.2012. Therefore, the petitioner be granted the relief of bail. 4. Learned State counsel has vehemently opposed the prayer made on behalf of the petitioner by bringing to the notice of the Court that the petitioner has been a habitual offender. 5. He is now in custody since 26.6.2012. Therefore, the petitioner be granted the relief of bail. 4. Learned State counsel has vehemently opposed the prayer made on behalf of the petitioner by bringing to the notice of the Court that the petitioner has been a habitual offender. 5. Without commenting on the merits but taking into consideration the fact that the person from whom the contraband was recovered has already been granted the concession of bail and the petitioner is, primarily, made responsible under Section 27-A of the of the Narcotic Drugs and Psychotropic Substances Act and that he is in custody since 26.6.2012, this Court is of the considered view that further confinement of the petitioner will not promote ends of justice. 6. Resultantly, the petition is accepted. The petitioner be released on bail on his furnishing personal bonds in the sum of Rs.one lac with two local sureties of the like amount to the satisfaction of Chief Judicial Magistrate, Sirsa. ---------0.B.S.0------------