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2022 Supreme(P&H) 283

VIKAS BAHL
Fakir Singh @ Faridu – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr.Judgepreet Singh Warring, Advocate, for the Appellant; Mr.Dhruv Sihag, AAG, Haryana, for the Respondent

JUDGMENT

Vikas Bahl, J. (Oral). - This is a first petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR no.224 dated 04.08.2022 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short 'NDPS Act') at Police Station Kalanwali, District Sirsa.

2. Learned counsel for the petitioner has submitted that the petitioner is a farmer and is doing agriculture work for the survival of his family and has to take care of his minor children as well as his aged mother and is the sole bread winner of his family after the death of his father. It is further submitted that in the present case, the petitioner has not been named in the FIR and no recovery has been effected from the petitioner and the alleged recovery of 3 kgs. of poppy husk, which is far lesser than the commercial quantity stipulated, as the commercial quantity starts from 50 kgs., has been effected from co-accused Ram Singh and thus, bar under Section 37 of the NDPS Act is not attracted in the present case and has submitted that the petitioner is sought to be implicated on the basis of disclosure statement of the said co-accused Ram Singh. Learned counsel for

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