Tek Chand v. State Of Haryana
CRM-M-24252-2026 (O&M)
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TEK CHAND
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CRM-18905-2026 Application is allowed as prayed for.
CRM-M-24252-2026 ' $ ( # ) *+, # - . /) / 0, # # ) ( ( 12 .3,04'005 ) 670 (678 # .! '3+5 9'6'7 # : ")
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" + 1#. Learned Counsel appearing on behalf of the petitioner contends that the FIR in the present case has been registered on receipt of secret information alleging that the petitioner alongwith his son were involved in the illegal business of selling drugs and alcohol. He contends that as a matter of fact, the petitioner has Kiryana shop in his house and in the godown of the said shop, his son Naveen had kept the contraband of 1 kg 122 grams of charas and 16 boxes of country made liquor. On seeing the police party, his son ran away from the spot while the petitioner, present at shop and aged 72 years was apprehended by the Police. It is vehemently argued by the Counsel that even though it has been mentioned as 1.
22 kg of opium in the petition, however, the same was typographical error and the recovery in question is that of Charas. Counsel contends that there would be arguable issues with respect to the recovery of contraband from the possession of the petitioner. The petitioner is 72 years of age, there has been no incident of his involvement in any other criminal case and therefore the scale tilts in favour of the petitioner. He further contends that the investigation in the case is already complete and no witness out of 17 witnesses cited by the prosecution have been examined so far. It is argued that as the petitioner was apprehended and taken in custody, his son who had run away from the spot, has committed suicide on account of the aforesaid guilt.
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