Ali Hussain vs State of Haryana

Rajan Gupta, J.—The Petitioner has sought concession of pre-arrest bail in a case registered against him u/s 18 of the NDPS Act and Section 120-B IPC vide FIR No. 87 dated 22.03.2009 at Police Station Ambala City.

Learned Counsel for the Petitioner has argued that there is no material or evidence on record to connect the Petitioner with the commission of crime. According to her, the Petitioner was admitted in a Government hospital in Rajasthan on the date of occurrence and there is, thus, no possibility of his involvement. She, thus, submits that Petitioner is entitled to concession of bail.

Learned State counsel has, however, vehemently opposed the prayer. He has referred to affidavit of Raj Kumar, Deputy Superintendent of Police, Ambala dated March 08, 2011 and submits that verification has been made in Government Community Health Centre, Ratlai, Rajasthan. It was found that interpolation had been made in the register of the said hospital in order to show that Petitioner-Ali Hussain was admitted there at the relevant time. According to learned Counsel, even bed head ticket had been tampered with to prepare fake record regarding admission of Ali Hussain. It has been further stated that Petitioner is a supplier of narcotics and his call records show that he has been in direct contact with wife of one of the co-accused Baljeet Singh. According to him, custodial interrogation of the Petitioner is necessary to take the investigation to its logical end.

I have heard learned Counsel for the parties.

A secret information was received by the police on March 22, 2009 that accused Ashutosh @ Lucky, Gurmeet Singh and Baljeet Singh @ Kala would enter Haryana in Indica Car bearing No. HR-36-E-0065 with huge quantity of opium. A raiding party was constituted and a naka was laid near Civil Hospital, Chowk, Ambala City. As a result accused Ashutosh @ Lucky and Gurmeet Singh were apprehended and opium weighing 44 kgs was recovered from the rear seat of the car. Accused Baljeet Singh @ Kala, however, escaped from the spot. The said accused while in custody made a disclosure statement that they had purchased the opium from Ali Hussain (Petitioner herein).

In view of nature of allegations and heavy quantity of contraband recovered, Section 37 of the Act would be attracted and thus Petitioner is not entitled to concession of pre-arrest bail.

As regards plea of the Petitioner that on the relevant date, he was admitted in a Government hospital at Ratlai in Rajasthan, from the affidavit of Raj Kumar, Deputy Superintendent of Police, Ambala filed before this Court it is evident that investigating agency has come to a conclusion that interpolation has been made in the records of said hospital to show that Petitioner was admitted there at the relevant time. The plea of the Petitioner that he was admitted in a Government hospital at the relevant time is thus unacceptable.

However, in view of findings arrived at by the investigating agency regarding interpolation in the records of Government Community Health Centre, Ratlai, Rajasthan, it is directed that the same be conveyed to the concerned authority of State of Rajasthan forthwith.

The petition is hereby dismissed with aforesaid observations.