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2023 DIGILAW 125 (PNJ)

Deepak Garg v. State of Haryana

2023-01-10

VIVEK PURI

body2023
JUDGMENT : Vivek Puri, J. The petitioner is seeking regular bail in case bearing FIR No. 267 dated 12.05.2022 under Section 23(c) of NDPS Act, registered at Police Station Mujessar, Faridabad. 2. Status report by way of affidavit of Vishnu Parshad, Assistant Commissioner of Police, Mujesar, Faridabad and the custody certificate have been taken on record. 3. Briefly, the FIR has been registered against Purnima Biswas in pursuance of the recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each), from the medicine shop being run by her. The petitioner has been nominated as an accused in pursuance of the disclosure statement of Purnima Biswas and has been implicated in the instant case with the aid of Section 29 of NDPS Act. 4. Learned counsel for the petitioner contends that the petitioner has been implicated in pursuance of the disclosure statement of the co-accused, which may not be admissible in evidence. Furthermore, no recovery has been effected from the petitioner. The petitioner is in custody for a period of 5 months and 27 days. The custodial interrogation of the petitioner is over. The investigation of the case is complete and the challan has been presented in the Court. The petitioner is not involved in any other case much less under NDPS Act. 5. Learned State counsel has opposed the bail application on the score that the petitioner has been nominated as an accused in pursuance of the disclosure statement of the co-accused and the recovery of contraband falls in the category of commercial quantity. 6. Be that as it may, no recovery has been effected from the petitioner. The petitioner has been nominated on the basis of the disclosure statement of the co-accused. In the disclosure statement of Purnima Biswas, co-accused, the names of her brothers-in-law i.e. Salman Safi, Shahrukh and Aved had also emerged, who were allegedly supplying the sedative injections to her. 7. Learned State counsel, on instructions of ASI Ashok Kumar, has not disputed the fact that these three persons have been found innocent during the course of investigation. The investigation of the case is complete and challan has been presented in the Court. The conclusion of trial is likely to take some time. 7. Learned State counsel, on instructions of ASI Ashok Kumar, has not disputed the fact that these three persons have been found innocent during the course of investigation. The investigation of the case is complete and challan has been presented in the Court. The conclusion of trial is likely to take some time. In these set of circumstances, sufficient grounds are made out and the ends of justice will meet if the petitioner is extended the concession of bail to the petitioner. 8. Therefore, without making any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail subject to his furnishing fresh bail bonds/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate. 9. The petition is allowed.