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2023 DIGILAW 795 (PNJ)

Sombir v. State of Haryana

2023-02-21

KARAMJIT SINGH

body2023
JUDGMENT Karamjit Singh, J. (Oral) - Prayer is for grant of regular bail in case having FIR No.468 dated 14.12.2021 registered under Section 20 of NDPS Act at Police Station Gohana Sadar District Sonipat. 2. As per the case of prosecution, police received secret information against co-accused Geeta wife of the petitioner and then police raided her premises and from there recovery of 1.390 kgs. of 'Charas' was effected and said Geeta was also arrested at the spot. Thereafter Geeta made disclosure statement that her husband used to procure 'Charas' from different persons and then he stored the same in his house. Consequently, the petitioner was nominated as accused and arrested on 17.1.2022. 3. The counsel for the petitioner submits that the petitioner was not named in the FIR and later on impleaded as accused on the basis of disclosure made by his wife Geeta from whom the police recovered 1.390 kgs. of 'Charas'. The counsel for the petitioner further submits that the petitioner is facing one another case under NDPS Act wherein he is enlarged on bail. The counsel for the petitioner further submits that the aforesaid disclosure made by accused Geeta is to be tested during trial and further the trial is not progressing ahead and the petitioner is in custody for the last more than 1 year and 1 month. So prayer is made that petitioner be released on regular bail. 4. The present petition is opposed by the State counsel, who on instructions from ASI Sanjay submits that the FIR in this case was registered against Geeta wife of the petitioner on the basis of secret information and thereafter recovery of 1.390 kgs. of 'Charas' was effected from the premises where Geeta was residing with her family with the petitioner. However, the State counsel has not disputed the fact that at the time of aforesaid recovery Geeta was present and she was arrested by the police and only thereafter on the basis of her disclosure, the petitioner was nominated as accused and consequently arrested in the present case. The State counsel further apprised the Court till date prosecution has failed to examine any of the 21 witnesses cited by it. 5. I have considered the submissions made by counsel for the parties. 6. The State counsel further apprised the Court till date prosecution has failed to examine any of the 21 witnesses cited by it. 5. I have considered the submissions made by counsel for the parties. 6. Admittedly the petitioner was not named in the FIR which was registered against his wife Geeta who was arrested on 14.12.2021 and recovery of 1.390 kgs of 'Charas' was also effected at that time from Geeta. The petitioner was arraigned as accused on the basis of disclosure made by Geeta and thereafter arrested on 17.1.2022. The relevancy and admissibility of the disclosure statement made by the co-accused Geeta will be examined during trial. After completion of investigation the police has presented the challan, but the trial is not going ahead as has been admitted by the State counsel. As per the custody certificate furnished by the State counsel, the petitioner is behind bars for period of 1 year and 1 month and as per custody certificate, he is involved in one another case under NDPS Act, in which he is enlarged on bail. It will take considerable time for the trial to conclude, so no purpose is going to be served by keeping the accused behind the bars for any longer period. 7. Thus, without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate concerned.