Legal Dictation
Learned counsel for the petitioner, at the very outset, relies upon the order dated 06.07.2021
passed in CRM-M-41104-2020, vide which four co-accused of the petitioner namely
Satish Kumar, Vinod Kumar, Lakhwinder Singh and Dashrath Singh have been
granted the concession of regular bail.
Brief facts of the case are that the FIR was
registered at the instance of
Ram Kumar, ASI STF Unit, Ambala while sending information under Section 41 of the NDPS Act
that the police party, headed
by him, has received a secret information that co-accused Sarvjit Singh @ Sabli
and Vipin are indulged in the business (100)
of narcotics and they are
coming in a truck bearing
registration number HR-64-5638 and they can be apprehended by putting a
barrier on the bridge. After sending the information, the police registered the
FIR and apprehended both the accused. On search of the vehicle, 876 Kgs. of poppy straw/husk was recovered and both
of them were arrested. During investigation, these accused suffered disclosure
statements naming as many as 09 more persons as accused.
Arguments Learned counsel, appearing for
petitioner Satish Kumar, submits that when co-accused were arrested on
26.05.2020 and on the next date, they recorded their disclosure statement that (200) they had brought poppy husk from Madhya Pradesh and had to supply the
same to one Jain r/o Nirwana, Vinod r/o Cheeka, Suresh and his brother r/o
village Karodan.
Learned counsel further submits that thereafter,
the police recorded the second disclosure of accused Sarvjit Singh @ Sabli, in which the name of the
petitioner figured as a person, who was 2 of 9 In virtual Court to
receive some amount of the poppy husk and
thereafter, the petitioner was arrested on 25.06.2020, however, no
narcotic was recovered from him. It
is further submitted that in pursuance to second disclosure, suffered (300) by accused Sarvjit Singh @ Sabli,
no evidence has come forward to corroborated the same.
Learned counsel further submits that as per this disclosure, one
Yusuf Khan and Arif @ Pappu were said to be the supplier of the poppy husk and later on, they were also
nominated and arrested.
It is further submitted
that till date, charges have not been
framed and total 49 prosecution witnesses are cited and the petitioner
was granted interim bail for three
days for attending the marriage of his sister and after availing the same, he
has surrendered back and has not
misused the same. (400)
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