Raju Kumar v. State Of Haryana

 


    
      
 

 



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 It is submitted by learned counsel for the petitioner that the petitioner is in custody from the last five months and the investigation of the case has already been completed and thereafter final report under Section 173 #   )(

# ,  #(   He submitted that the name of the petitioner has been nominated on the basis of ()   of the three co-accused who were apprehended at the spot. He submitted that the three co-accused were apprehended at the spot from whom there was an alleged




  recovery of total 85 kgs. of poppy husk. He  , # #  ')'  #(  #2*&(   # 5#5 

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has stated that it is correct that the petitioner has already faced incarceration for about five months and the name of the petitioner was nominated on the basis of

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,6  # ,/ ), # ' &6 7 submitted that so far as the antecedents of the present petitioner is concerned, he is not involved in any other case under the NDPS Act.

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I have heard learned counsel for the parties. 5.

It is a case where the petitioner has already faced incarceration for four five months and as per learned counsel for the parties, the petitioner was not apprehended from the spot and his name had surfaced on the basis of ()    of the co-accused later on and one of the three co-accused who were

 


  apprehended from the spot, namely, Prem Kumar, there was an alleged recovery of 30 kgs. of poppy husk, has already been admitted to regular bail by this Court vide Annexures P-3. The reliance made by learned counsel for the petitioner on the judgment of the :,)

  in Tofan Singh's case (supra) is well placed. Therefore, so far as the present petitioner is concerned, the bar contained under Section 37 of the NDPS Act will not apply to the present petition. 6.

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In view of the aforesaid facts and circumstances, this Court deems it fit and proper to grant bail to the petitioner. ; ) %the present petition is allowed. +# # )),)  / )%;

 

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