High Court of Punjab and HaryanaCRM-M/9847/2025allowed

Kailash Dalal v. State Of Haryana

2025-02-27Mr. Justice Sandeep Moudgil6 pages

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! 5 'To, SHO Police Station Kosli Jai Hind, Today on 05.03.2024, myself SI along with PSI Anil Kumar, Head Const. Naseeb no. 1089/Rewari, along with HC Bhupender Singh No. 1083/Rewari, SI Vikas No.31/Rewari on an official vehicle PCR-16 bearing number HR-36GV-9417 driver thereof was Jitendra HKRN were present near tehsil Kosli for patrolling and investigation. In the meanwhile, special informer came to myself SI and informed that two persons are traveling in a vehicle bearing no. HR-90A9434 make Maruti Suzuki Ertiga painted in white colour and they are planning to sell intoxicating substance to somecne, who are currently standing on the side of the road at Kosli by-pass. If raid is conducted immediately, then they could be nabbed along with the intoxicating substances. Considering this information as true, informed the fellow employees about the information, prepared notice under

- 2 - section 42 of the NOPS ACT, and sent the same to the police station by hand through Const. Vikash no: 31 to get it recorded in the Rapat Roznamcha and to inform about the same to higher officials. Thereafter, myself SI along with the team, reached at the place of occurrence as disclosed by the secret informer and two persons were found sitting inside the vehicle bearing number HR-90A-9434 while parking the vehicle on the side of the road at Kosli by-pass turn, who on seeing the police party, tried to run away along with their vehicle, then myself SI with the help of fellow officials arrested both the persons along with their vehicle, and asked for their names and addresses, the driver of the vehicle disclosed his name as Rajat son of Dalbir resident of Khatkad Patti, Nagura police station, Aleva, District Jind.

And when asked for the name and address of the person sitting on the seat next to the driver's side seat, he disclosed his name as Kailash Dalal son of Vijay Singh, resident of Jagram Patti Nagura, Police stationAleva district Jind, who was keeping a white colored plastic polythene in his ap. Separate notices under section 50 NDPS ACT were given to the above two persons. Both of the accused Rajat and Kailash Dalal were informed that we are having solid information that you have some intoxicating substances in your possession. And you both have a legal right to get yourself and your vehicle searched through a Gazetted Officer or through some Duty Magistrate at the spot or we can produce you before them.

Accused Rajat and Kailash Dalal got prepared their reply to the notice under section 50 NDPS Act separately that we want to get ourselves and our vehicle searched through a Gazetted Officer Magistrate after calling them or some Duty the spot. Thereafter, the above said accused Rajat, Kailash Dalal and other witnesses appended their respective signatures over the notice, after which, the appointed Duty Magistrate SH. Jai Singh HPS Deputy Superintendent of Police Kosli was contacted on his mobile no 7056666102 through the mobile no. 9466678444 of myself SI and informed him about the situation at the spot and requested him to come to the spot. After waiting, Sh. Jai Singh HPS Deputy Superintendent of Police Kosli arrived at the spot and at the same time, Const. Vikash no.

31 reached at the spot after giving notice under section 42 of NDPS Act at police station Kosli. Duty Magistrate Sahib, after knowing the circumstances, conducted my personal search and prepared the memo of search and myself SI was not found to be in possession of any intoxicant or illegal object. I along with above said accused Rajat and Kailash Dalal and other witnesses appended our signatures over the above said memo.

- 3 - witness, then Omprakash son of Dulichand resident of street Mohalla Kosli, expressed his desire to become a public witness on his own free will, after that, as per the orders issued by the Duty Magistrate Jai Singh HPS Deputy Superintendent of Police Kosli, myself SI got conducted the personal search of above said accused Rajat and Kailash Dalal and their vehicle as per rules in the presence of the above said witnesses, during the search, intoxicating substance Sulfa (charas/Hashish), was found in a plastic polythene colored yellow lying in the lap of the above mentioned accused Kailash Dalal.

When accused Rajat and Kailash Dalal were asked about this, they told that this intoxicating substance is Sulfa (charas/Hashish), which was weighed with an electronic weighing machine and the total weight of Sulfa (charas/Hashish) along with plastic polythene came out to be 1 Kilogram and 100 grams. Whose cloth parcel was prepared, the parcel was stamped with 3 stamps bearing impression AK and the stamp after use was handed over to witness HC Naseeb No: 1089/Rewari for sample. Duty Magistrate Sahib appended his one stamp bearing impression NS over the parcel and the stamp after use was kept by him. Cloth Parcel containing Sulfa (Charas/Hashish) and vehicle bearing number HR-90A-9434 were taken into police custody vide a separate memo of recovery as evidence.

Memo and cloth parcel containing Sulfa (Charas/Hashish) were attested by Duty Magistrate Sahib. Memo was signed by the accused Rajat and Kailash Dalal and witness Om Parkash. Above said accused Rajat and Kailash Dalal, have committed the offences under section 20b (ii) C 61-85 of NDPS Act by keeping total 1 Kilcgram and 100 grams of Sulfa (Charas/Hashish) intoxicating substance in their possession. Therefore, the writing is being sent to the police station by hand through Const. Vikash no: registration of FIR. Special report of the FIR be issued in the service of higher officials and Ilaga Magistrate Sahib rules. per as After registration of FIR, its number be informed and other competent IO be sent at the spot. Today within the area of By-pass Kosli Turn Sd/- Ramchandra SI Police Station Kosli, Dated 05.03.2024.' -054%&&%"'&"# 6!/!

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1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No