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2016 DIGILAW 1879 (PNJ)

Ramjan alias Gonja v. State of Haryana

2016-08-02

M.M.S.BEDI

body2016
JUDGMENT Mr. M.M.S. Bedi, J.: (Oral)- The petitioner has been in custody w.e.f. 03.10.2015 in a case of recovery of 20 bottles of Rexcof from the car of Jasandeep @ Joni and Sushil @ Sheela. The petitioner was involved in the case on the basis of the disclosure statement of the co-accused to the effect that they had purchased the contraband from the petitioner. 2. Since the petitioner was not arrested along with the bottles, his involvement would certainly be a debatable issue during course of trial. 3. Learned State counsel informs that the petitioner is involved in another case of recovery which was registered after the present case in which the recovery was actually effected from the petitioner. 4. Without expression of any opinion regarding merits of the other case, it is sufficient to observe here that in the present case no recovery has been effected from the petitioner. The petitioner at the most could be charged, tried or convicted for abetment which in the present case would certainly be a debatable issue. The petitioner had been granted concession of interim bail on 02.02.2016 but on receipt of report of chemical examiner, his bail was cancelled on 12.07.2016. 5. Petitioner, having not been arrested from the spot, can be granted the concession of bail. 6. The petition is allowed. Petitioner is ordered to be released on bail in FIR No.291 dated 22.09.2015, under Sections 21, 27-A of NDPS Act, Police Station City Dabwali, District Sirsa, on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court.