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Judgment
5 paragraphs · 255 wordsNirmal Singh, J.
The allegations of the prosecution are that on 13.8.2000 ASI Med Singh alongwith other police officials was present at T. Point on Ratia Road at Alipur Barota where secret information was received that a Tata 407 bearing No. HR20/GA0165 carrying poppy husk is coming from the side of Fatehabad. The informer also disclosed the name of the driver as Subhash and also disclosed that alongwith the driver, Pala Ram, Bansi and Mithu are also travelling in the said vehicle and all of them are indulging in smuggling of poppy husk and if raid is conducted the abovenamed persons can be apprehended. On this, a naka was held. Tata 407 bearing No. HR20/GA0165 was seen coming. ASI Med Singh gave a signal to stop the vehicles. Two persons alighted from the vehicle and taking the benefit of darkness, they managed to escape. Subash and Pal Ram were apprehended. Petitioner was one of the two persons who managed to escape from the spot.
The coaccused of the petitioner, who were apprehended at the spot and from whose possession the recovery of poppy husk has been effected, have already been released on bail.
When the coaccused of the petitioner from whose possession the recovery of the poppy husk has been effected, have been released on bail, then there is no justification to keep the petitioner in custody.
So without making any comments on the merits of the case, petitioner be admitted to bail to the satisfaction of Chief Judicial Magistrate, Fatehabad.