RAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above mentioned two petitions wherein petitioner(s) Ravinder @ Ravi @ Ravinder Pal and Gurpreet @ Gopi seek grant of regular bail in a case FIR No.338 dated 22.12.2020 registered at Police Station- Sadar Kaithal, District Kaithal under Sections18 (C) of NDPS Act, 1985 ( Sections 18-B, 27-A, and 29/61/85 of the NDPS Act added later on).

(2.) The case of the prosecution is that on 22.12.2020, a secret information was received by the police to the effect that Karamjit, Gurpreet Singh @ Gopi and Ravinder @ Ravi @ Ravinder Pal indulged in sale of 'Opium' and that even on the said date Gurpreet alongwith his companions would be coming in a white coloured Verna car bearing registration No. PB-31-F-8117 to village Baba Ladhana. Pursuant to receipt of said information barricading was laid and upon noticing the car in question the same was signaled to stop which was having three occupants. Upon inquiry the driver disclosed his name as Gurpreet, while the passenger sitting on the front seat disclosed his name as Karamjit and the person sitting on the rear seat disclosed his name as Ravinder. All three were extended an offer of in terms of Section 50 of the NDPS Act separately. The aforesaid three opted their search before a Magistrate. After arrival of Sh. Ishwar Singh, Naib Tehsildar, he was apprised about the facts, who enquired about the same from three apprehended persons turn by turn and also perused the notices under Section 50 of the NDPS Act. Upon search of the said three persons 'Opium' weighing 3.5 kgs was recovered from a red checkered blanket from Karamjit Singh.

(3.) Learned counsel for the petitioner has raised the following two contentions:-