- (1.) This order shall dispose of the present petition filed under Section 439 Cr.P.C seeking the benefit of regular bail to the petitioner in case F.I.R. No.155 dated 7.8.2013 under sections 15, 16, 27-A, 61, 85 of N.D.P.S Act and sections 420, 467, 468, 471 I.P.C registered at Police Station, Kallanwali, District Sirsa.
(2.) Learned counsel for the parties have been heard. As per prosecution version, an alleged recovery of 4400 kgs of poppy husk was made on the basis of a secret information on 7.8.2013. It is the case of the prosecution that there were four vehicles stated to be involved in transporting the poppy husk i.e. a truck bearing registration No. PB-07-R-0346, two tractor trolleys and one Swift car. In so far as the present petitioner is concerned, it has gone uncontroverted that he was not apprehended on the spot and as such, no recovery was effected from him. One co-accused namely Lavar Singh @ Bachhi was apprehended on the spot and is presently in custody.
(3.) It is on the basis of the disclosure statement of co-accused Lavar Singh @ Bachhi that the present petitioner as also one Makhan Singh and Jagroop Singh have been implicated in the present case. Makhan Singh as also Jagroop Singh have already been granted the benefit of bail by this Court in CRM No. M-41522 of 2015 order dated 28.1.2016 and CRM No. M-4959 of 2016 order dated 1.3.2016 respectively. On the last date of hearing i.e. 11.8.2016 the prayer seeking bail in respect of the present petitioner was opposed by learned State counsel by contending that his case is distinguishable from co-accused Makhan Singh and Jagroop Singh as one of the vehicles apprehended on the spot and while transporting the poppy husk, was in the ownership of the petitioner. That apart, it has also been contended that the present petitioner is a habitual offender and is involved in various criminal proceedings including under the N.D.P.S Act. In the light of such vehement opposition, learned State counsel had been directed to file an affidavit to substantiate its stand.;