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2021 Supreme(P&H) 207

MANJARI NEHRU KAUL
Saleem @ Mulla – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.P.S. Mann, Advocate
For the Respondent: Ms. Tanushree Gupta, DAG Haryana assisted by ASI Virender.

JUDGMENT :

MANJARI NEHRU KAUL, J.

1. The instant petition has been filed under Section 439 Cr.P.C., read with Section 167(2) Cr.P.C., for grant of regular bail to the petitioner pending trial in case FIR No.373, dated 10.08.2020 registered at Police Station Nuh [wrongly mentioned as Sadar Nuh in the impugned order (P-2)] District Nuh, under Section 20-C of the NDPS Act [wrongly mentioned as Section 61 in FIR(P-1)].

2. Brief facts of the case in hand as set up by the prosecution may be noticed thus. In pursuance to receipt of secret information, that the petitioner and co-accused were indulging in sale of narcotic drugs and had stocked Ganja in truck bearing No. HR-73A-8465, a raid was conducted on 10.08.2020 by the Police party at the disclosed place. However, co-accused fled from the spot and only the petitioner was apprehended by the police party. After complying with the mandatory provisions of the NDPS Act, the search of the truck was carried out which led to the recovery of 04 bags containing 160 kg of Ganja patti and the arrest of the petitioner effected.

3. Thereafter, investigation was set into motion leading to the presentation of the challan before the trial Court on 30th Oct

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