Crl. Misc. No.M-28121 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-28121 of 2010 Date of decision: 13.01.2011 Barosi Kumar and another .. Petitioners Versus State of Haryana .. Respondent Present:- Mr.Naveen Sharma Bhardwaj, Advocate, for the petitioners. Mr.G.S. Sandhu, AA.G., Haryana. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioners seek regular bail in a case registered against them for the offence under Section 20 of the NDPS Act at Police Station Kherki Daula, District Gurgaon. The FIR in the case has been registered on the statement of Narotam Parshad, Sub Inspector, who along with other police officials was present in connection with patrol duty near Service Road. At that time, a secret informer gave information to Sub Inspector Narotam Parshad that the petitioners who were residents of Bihar were selling Ganja on the second gate of Groz Company. If a raid was conducted, they could be apprehended with the contraband. It was informed that the petitioners received a lot of narcotic drugs, which they sell from their grocery shop. Information was found credible and a raiding party was accordingly constituted. A raid was conducted at the place disclosed by the secret informer and two persons were found standing at R.C.M. retail shop. On the asking of Narotam Parshad Sub Inspector, one of them disclosed his Crl. Misc. No.M-28121 of 2010 ::2:: name as Barosi Kumar (petitioner No.1) while the other person disclosed his name as Ram Vilas (petitioner No.2). Three plastic bags were found outside the shop and one black colour bag was also found, in which narcotics were suspected. The petitioners were informed by a separate notice that search was to be carried out in respect of the bags and whether they wanted to be searched by Narotam Parshad Sub Inspector or by some Gazetted Officer. The petitioners stated that they wanted to be searched by Narotam Parshad, Sub Inspector. The black bag lying near Ram Vilas (petitioner No.2) and Barosi Kumar (petitioner No.1), was opened and it was found to contain 104 packets of Ganja and the plastic bags were opened which contained the contraband. On weighing the same, the contraband came to 15 Kgs in the first plastic bag, 18 Kgs in the the second bag and 10 Kgs in the third bag while 2 Kgs was found in the black bag. Sample of 100 Grams was taken from each bag and the remaining Ganja weighing about 14.900 Kgs., 17.900 Kgs., 9.900 Grams and 1.900 Kgs were sealed with 6 seals of N.P. The weight of plastic bags of Ganja was 20 Grams each. The seal N.P. was handed over to Constable Sajjan Singh after use. The petitioners were apprehended and have been found to be in the possession of 45 Kgs. of Ganja for which they could not account for. According to learned counsel for the petitioners, the bags that have been recovered were in fact lying outside the shop but there is nothing to show that the bags belong to them or they admitted that the same belong to them. Besides, it is submitted that there is nothing on record to show as to how the raiding party reached at the place of incident. No independent witness joined with the raiding party. The secret information that was given, it is submitted, has not been reduced into writing. Besides, the search was not got conducted by a gazetted officer. Crl. Misc. No.M-28121 of 2010 ::3:: The petitioners, it is submitted, are in custody since 23.03.2010. In response, learned counsel for the State has submitted that 45 Kgs of ganja was recovered. After giving my thoughtful consideration to the matter, it may be noticed that the petitioners were apprehended in possession of 45 Kgs of Ganja. The secret informer had informed Narotam Parshad Sub Inspector that at Grocery Shop, some contraband was being sold by the petitioners. Three plastic bags were also found outside the shop and one black colour bag containing narcotic drugs was found. On search of the bag, 104 packets of Ganja were recovered. The petitioners are in custody since 23.03.2010. The prosecution has cited 13 witnesses and out of them only 2 witnesses have been examined. When the case was taken up on 27.10.2010, at that time, also learned counsel for the State on the instructions from ASI Satya Prakash, Police Station Kherki Daula, District Gurgaon had submitted that 2 prosecution witnesses out of 13 prosecution witnesses had been examined. The case before the learned trial court was fixed for 29.11.2010, thereafter, for 17.12.2010 and it is now fixed for 21.01.2011. On 29.11.2010 and 17.12.2010, the prosecution has not examined any witness. Learned counsel for the State on instructions from ASI Jagdish Rai, Police Station Kherki Daula, District Gurgaon, has submitted that the petitioners are not involved in any other case under the NDPS Act. The trial in the case is likely to take time. The witnesses cited by the prosecution are primarily official witnesses and it is unlikely that the petitioners would be in a position to influence them. In the circumstances, it can in view of the contentions raised by the learned consel for the petitioners be said that the petitioners are not guilty of the offence as alleged. Besides, while on bail they are Crl. Misc. No.M-28121 of 2010 ::4:: unlikely to commit an offence under the NDPS Act. Accordingly, the petitioners on their furnishing personal bond and surety each to the satisfaction of learned Chief Judicial Magistrate, Gurgaon, shall be admitted to bail. The criminal miscellaneous petition stands disposed of. (S.S. SARON) January 13, 2011 JUDGE sukhpreet