Amrik Singh vs State Of Haryana

Mahabir Singh Sindhu, J

Present petition has been filed under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for grant of

interim bail to the petitioner for six months on medical grounds in FIR No.405 dated 29.11.2018, under Section 15 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short 'NDPS Act'), registered at Police Station Ladwa, District Kurukshetra.

As per the prosecution case, on 29.11.2018, police party led by Inspector Parteek Kumar, In-charge, Narcotic Cell, Kurukshetra was on checking

near Pipli-Ladwa Road, T-Point, Village Niwarsi. At that time, Inspector Parteek Kumar received a secret information that Amrik Singh (petitioner),

who is driver of Truck bearing registration No.HR-65-A-8154, coming from Pipli Side and going towards Haridwar, has brought Poppy Straw from

Rajasthan. On receipt of information, Notice under Section 42 of the NDPS Act was prepared and sent to DSP, Ladwa through Constable Mandeep

Singh. Thereafter, a Naka was laid on the disclosed place and the passersby were tried to join the investigation, but refused. After about 30 minutes,

aforesaid Truck was seen coming from the Pipli side and got stopped by the Inspector. The driver of the Truck disclosed his name as Amrik Singh

(petitioner) son of Puran Singh and a Notice under Section 50 of the NDPS Act was prepared and served upon him. Sh. Ramesh Kumar Gulia, DSP

was informed about the case and requested to come on the spot. In his presence, search of the Truck was conducted and Poppy Straw, weighing 60

Kg. in two plastic Kattas (bags), was recovered from the Cabin of Truck.

Upon notice, short reply by way of affidavit dated 09.12.2020 of Sh. Bharat Bhushan, DSP, Kurukshetra on behalf of the respondent/State has

already been filed. Medical Report, prepared by Medical Officer, District Jail, Kurukshetra is also enclosed with the reply, which is as under:-

“ Amrik Singh s/o Puran Singh is prisoner in Distt. Jail Kurukshetra. He is suffering from Synovities B/L knee and he is getting regular Treatment

from LNJP Hospital and Jail hospital Kurukshetraâ€​.

It transpires that this Court, vide order dated 28.07.2020 (P-8), has already dismissed the regular bail application, filed by the petitioner, but he is

claiming interim bail on account of his deteriorating health condition.

Since the commercial quantity is alleged to have been recovered from the petitioner and he is undergoing proper treatment from LNJP Hospital,

Kurukshetra, therefore, no ground is made out to grant him the concession of interim bail.

In view of the above, the present petition is dismissed.

The above observations may not be construed as an expression of opinion on merits of the case.