Radhey Shyam vs State of Haryana

S.S. Saron, J.—Heard learned Counsel for the parties.

The Petitioner seeks regular bail in a case registered against him on 13.3.2010 for the offences under Sections 15, 27, 27A, 61/85 of the NDPS Act, besides Section 25 of the Arms Act and Section 120B IPC.

The FIR in the case has been registered against the Petitioner on 13.3.2010 and the Petitioner is in custody since the said date. The secret informer informed Sub Inspector Dilbagh Singh, who was on patrol duty in village Aherwan that the Petitioner, who indulges in transporting of narcotics, was coming on a Tata Indica Vista silver colour car No. HR-20S-1517, which was being driven by Yogesh Kumar. They were bringing poppy husk from Kotputli in the State of Rajasthan and would be reaching within one or two hours to go to Punjab. They could be apprehended at the spot in case a check post was set up. A team of police officials was constituted and a check post was set up to check the vehicles coming from Fatehabad. After 20 CRM No. M-29688 of 2010 -2-minutes, a car as disclosed by the secret informer, was seen coming, which was signaled to stop by Inspector Dilbagh Singh. The driver of the car, tried to turn the car back but the Sub Inspector with the help of other police officials apprehended the car. The driver of the car disclosed his name as Yogesh Kumar and the person sitting next to him disclosed his name as Radhey Sham (Petitioner). He was having . 315 bore pistol in the right pocket of his pant, which was taken in possession by the police. Besides, on the search of the car, 80 kgs. of poppy husk was recovered. The police party asked him as to who was involved in the transportation of the poppy husk and from where were they bringing it. Then Radhey Sham (Petitioner) disclosed that his brother in law Giani son of Mohar Singh, Babu son of Sucha Singh and Chotu son of Brij Lal Bishnoi were the persons, who bring poppy husk from Kotputli, Rajasthan. Radhey Sham (Petitioner), however, did not name the contractor, from whom they brought the narcotics but he could identify the Theka (Vend) from where the poppy husk was brought. Accordingly, FIR for the commission of offences under Sections 15, 27 and 27A of the NDPS Act besides Section 25 of the Arms Act and Section 120B IPC was registered.

On the disclosure statement of the Petitioner, poppy husk was recovered. The co-accused namely Giani, who is the brother-in -law of the Petitioner, has been granted bail by this Court vide order dated 28.5.2010 (Annexure P-1). Yogesh Kumar, who is the driver of the car, has been granted bail by this Court vide order dated 24.9.2010.

The Petitioner is in custody since 13.3.2010. The trial in the case is likely to take time. No prosecution witness has been examined till date and the case is fixed for trial for 19.1.2011. There is no other case registered against the Petitioner. The guilt of the Petitioner is to be established by leading evidence. The prosecution evidence comprises primarily of police officials and the Petitioner is unlikely to influence them.

In the facts and circumstances, the Petitioner on his furnishing personal bonds and two sureties to the satisfaction of the Learned Chief Judicial Magistrate, Fatehabad shall be admitted to bail. One of the sureies, to be furnished by the Petitioner shall be that of a respectable person from the locality, who shall also undertake alongwith the Petitioner that while on bail, the Petitioner shall not indulge in the criminal activities under the NDPS Act and in the event of his doing so, his bail shall be liable to be cancelled.