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2020 Supreme(P&H) 889

ARUN KUMAR TYAGI
Prahlad Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. R.S. Mamli, Advocate for the Appellant; Mr. Kuldeep Tiwari, Addl. A.G. Haryana for the respondent

JUDGMENT

Arun Kumar Tyagi, J. (Oral) - Prayer in the present 2 nd petition filed under Section 439 of the Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.1255 dated 27.12.2018 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for shot 'the NDPS Act') at Police Station Sirsa City, District Sirsa.

2. His 1 st application for grant of regular bail was dismissed as withdrawn by the Coordinate Bench of this Court vide order dated 16.07.2019.

3. The petitioner and his co-accused Deepak Kumar @ Deepu have been charge-sheeted by SHO, Police Station Sirsa City, District Sirsa for alleged commission of offence punishable under Section 22 of the NDPS Act on the allegations of recovery of 51 strips of Tramadol Hydrochloride PARVORIN-SPAS ridley containing 10 capsules each from a polythene bag carried between him and his co-accused Deepak Kumar @ Deepu who was pillion rider sitting in the motorcycle driven by the petitioner.

4. Learned Counsel for the petitioner has submitted that the petitioner has been falsely implicated. No recovery was effected from his possession. The petitioner cannot be said to be in conscious

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