Sanjay Singh vs State Of Haryana

Arvind Singh Sangwan, J

Prayer in this petition is for grant of regular bail in FIR No.343 dated 03.08.2020 under Section 20 of NDPS Act, registered at Police Station Narnaund, District Hisar.

Learned counsel for the petitioner submits that the petitioner was not named in the FIR and his name surfaced on the basis of second disclosure statement. It is further submitted that the police, on receiving a secret information that Jagdish @ Jagga, who is involved in selling of narcotic and is carrying with a plastic bag, was apprehended by the police and 18 kg ganja was recovered from him. Thereafter, on the basis of his disclosure statement, co-accused Vikram @ Vicky was nominated. After arrest of Vikram @ Vicky, a disclosure statement was made by him that he had purchased the ganja from the petitioner in the month of September, 2020, which he had given to co-accused Jagdish @ Jagga and to one Kuldeep. It is also submitted that the petitioner is in custody since 21.01.2021 and no narcotic substance was recovered from him and after his arrest, he was also nominated in another FIR No.88 dated 20.02.2021 under Section 20 of NDPS Act, registered at Police Station Narnaund, Hansi, on the basis of disclosure statement of co-accused.

Learned State counsel has filed the custody certificate dated 26.03.2021 in the Court today and has not disputed the factual position.

Without commenting anything on merits of the case, considering the aforesaid facts and circumstances of the case, this petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.

Petition is disposed of.