JUDGEMENT
-
(1.) Petitioner Baljeet alias Ballu has directed the instant application for
the grant of anticipatory bail in a case registered against him, by virtue of FIR
No.104 dated 14.5.2012 (Annexure P1), on accusation of having committed an
offence punishable under sections 15 & 21 of the Narcotic Drugs & Psychotropic
Substances Act, 1985 by the police of Police Station Sadar Tohana, Distt.
Fatehabad, invoking the provisions of section 438 Cr.PC.
(2.) After hearing the learned counsel for the petitioner, going through
the record with his valuable help and after deep consideration over the entire
matter, to my mind, there is no merit in the present application.
(3.) As is evident from the record, that there are direct allegations that
4 Kgs. and 200 grams (3+1.200 grams) of poppy husk/powder was recovered from
without number plate car of the petitioner. The argument of learned counsel that
the identity of petitioner is in doubt, is not only devoid of merit but misplaced as
well, because according to the prosecution that he (petitioner) was sitting in his
without number plate car and the Investigating Officer asked him in this respect.
He disclosed his name, which is incorporated in the ruqqa. Once the name of
petitioner clearly figured in the ruqqa, which formed the basis FIR, then, question
of any doubt of his identify did not arise at all.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.