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2021 Supreme(P&H) 835

HARNARESH SINGH GILL
Karnail Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. D.K.Mehta, Advocate, for the petitioner; Mr. Apoorv Garg, DAG, Haryana.

JUDGMENT

Harnaresh Singh Gill, J. (Oral) - Status report by way of affidavit of the Deputy Superintendent of Police, Ladwa, has been filed in the Court today. The same is taken on record.

2. Through this petition, the petitioner seeks regular bail in case bearing FIR No.508 dated 29.09.2020, under Sections 18 and 29 of NDPS Act, registered at Police Station Sadar Thanesar, District Kurukshetra.

3. Learned counsel for the petitioner contends that recovery of 100 gram of opium allegedly effected from the petitioner, falls in the noncommercial quantity; that he has been in custody since 29.09.2020; that challan was presented on 27.10.2020; that when he was apprehended, he was a pillion rider on a motor-cycle being driven by co-accused, Ajay, and that so far as other case against the petitioner under the NDPS Act is concerned, the same was registered way back on 10.12.2018 in which recovery of 50 gram of opium had allegedly been effected from him.

4. On the other hand, learned State counsel while opposing the prayer made in the present petition, submits that the petitioner is a habitual offender and is also involved in another case of a similar nature.

5. I have heard the learned counsel fo

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