Amit @ Dhanak vs State Of Haryana

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

These are two petitions i.e. CRM-M-33684-2020 filed by Amit @ Dhanak and CRM-M-37257-2020 filed by Lallan, for regular bail in case of FIR

No. 406, dated 30th August, 2020, under Section 20 of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS) registered at Police Station

Kundli, District Sonepat.

The facts in brief are that on secret information a car bearing registration No. HR-26AQ-2682 was checked. The car was being driven by Amit @

Dhanak (petitioner in CRM-M-33684-2020). There were two other occupants. On checking, 16 Kgs of Ganja Patti each were recovered from the

occupants of the car including the driver. Learned counsel for the petitioners submit that petitioners are in custody since 30th August, 2020. Challan

has been presented and no recovery is to be made. It is argued that 16 Kgs of Ganja Patti is a non-commercial quantity.

Learned State counsel opposes the grant of bail and argues that the petitioners were arrested from the spot. He further argues that Amit @ Dhanak

was involved in two more case and Lallan was involved in six more cases. He submits that recovery as a whole was of 48 Kgs.

From the order passed by the court below it is clear that Amit @ Dhanak is acquitted in other two cases and a fine of R100/- was imposed in one

case. Out of six cases Lallan is acquitted in five.

Considering the facts; that in the FIR specific recovery has been attributed to all the three accused of 16 Kgs of Ganja Patti each; they are in custody

since August, 2020; no recovery is to be made; the individual recovery is of non-commercial quantity and conclusion of trial would take time, both the

petitions are allowed. The petitioners are ordered to be released on bail subject to their furnishing surety/bail bonds to the satisfaction of learned trial

Court/Duty Magistrate concerned.

However, it is clarified that anything stated hereinabove shall not be construed as an expression on the merits of the case and is only for the purpose

of deciding the bail application.