Zile Singh vs State of Haryana

Prayer in this petition is for grant of anticipatory bail in FIR No.104 dated 19.07.2018 under Sections 15, 17, 61, 85 of NDPS Act, registered at Police

Station Nathusari Chopta, District Sirsa.

As per allegations in the FIR, on 19.07.2018 ASI Tarsem Singh along other police officials was present at CIA Staff, Sirsa. In the meantime, he

received a secret information that Sohan Singh @ Sohni son of Fauza Singh, r/o Jhanda Kalan Punjab, Balwinder Singh and Zile Singh son of Deep

Chander, resident of Dhani Ramjas, Siwani were indulging transporting and selling choora post after being brought from the State of Rajasthan in a

canter TATA 407 of Zile Singh underneath the vegetable crates and they would come Sirsa via Bhattu Road, Nathusari Chopta, if a sudden raid is

conducted, they could be apprehended. As the information was reliable, a raiding party was prepared and made a barricade at bridge of drainage

Bhattu Road. In the meantime, a canter bearing Registration No.HR-24-6564 was seen coming from the side of Bhattu. ASI Tarsem signalled the

driver of the said vehicle to stop the canter, but driver of the canter stopped the canter a little ahead from bridge of drainage. Driver and other persons

were overpowered with the help of other police officials. On inquiry, driver of the canter told his name and address Sohan Singh @ Sohni son of Fauja

Singh resident of Jhanda Kalan, Punjab and the person, who was sitting on conductor seat, told his name as Balwinder Singh son of Dharam Singh,

resident of Lakkar Mandi Rop Nagar Colony, Sirsa. Police suspected that some contraband was being transported in the canter. Therefore, after

making compliance of Section 50 of NDPS Act, search of the canter was made in presence of DSP and it was found that one bag containing opium

and 11 bags containing choora post were recovered underneath 15 plastic crates in the canter. Recovered opium was weighed, which was found 1 kg

and the choora post was found 121 kg. All the bags were converted into parcel and sealed with the seal of TS. DSP has affixed his own seal and

retained his seal. Seal TS was handed over to HC Gurpreet Singh. During the interrogation, accused Sohan Singh @ Sohni and Balwinder Singh

disclosed that they along with Zile Singh brought contraband i.e. 1 kg opium and 121 kg choora post from Mahboob resident of Kapasana Chitaur

(Rajasthan) in the canter of Zile Singh. Ruqa was sent to the police station, upon which FIR was registered against the petitioner as well as his co-

accused Sohan Singh @ Sohni and Balwinder Singh.

Learned counsel for the petitioner submits that the petitioner was not arrested at the spot and he has been nominated in the FIR on the basis of

disclosure statement made by co-accused.

Learned State counsel, on instructions from SI Mahaan Singh, submits that apart from the disclosure statements of two co-accused i.e. driver and

conductor of the canter, who were arrested at the spot, during the investigation, it has come that the previous owner of the canter, the vehicle used in

transporting the contraband, has furnished an affidavit that the petitioner has purchased the same.

In view of the above, I find no ground to grant anticipatory bail to the petitioner.

Dismissed.