Mahavir Singh @ Kala v. State Of Haryana

 
   
  







            
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This is the second petition filed for grant of regular bail in FIR No.3 dated 03.01.2021, under Sections 20(c) and 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS Act') registered at Police Station Kalayat, District Kaithal.

The first petition was withdrawn with liberty to approach the concerned Court with a prayer for default bail. Brief facts are that police party acting upon a secret information

on 03.01.2021, apprehended Rajiv and 5 kgs 900 gms of Charas was recovered from his possession. The name of the petitioner Mahavir Singh @ Kala surfaced in a disclosure statement, the allegations are that the recovered contraband was purchased from him. The petitioner was arrested on 22.01.2021.

It would not be out of place to mention that the main accused from whom the recovery was made was released on default bail. The counsel for the petitioner submits that the petitioner is in custody since January 2021; investigation is complete; it is a case of false implication due to involvement of the petitioner in another NDPS case in which he is on bail. It is further submitted that as per case set up, contraband was purchased in November 2019 whereas the FIR and recovery from coaccused is of January 2021. The State counsel opposed the prayer and submits that the petitioner is involved in one another case under NDPS Act and the recovery from the co-accused was of commercial quantity. He is not disputing the custody period..

The observations made hereinafter shall not be construed as an expression of opinion on the merits of the case. The name of the petitioner surfaced in a disclosure statement.

He is in custody since January 2021. Though investigation is complete conclusion of trial is likely to take time. The main accused from whom the recovery was made was released on default bail. No recovery was made from the petitioner or at his instance. No fruitful purpose would be served by depriving the petitioner of granting bail merely on the ground that he is involved in another case of the same nature.

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  05.01.2023 (AVNEESH JHINGAN) mamta JUDGE Whether speaking/reasoned Yes Whether reportable No