Advocates:
Advocate Appeared:
For the Appellant :Mr. Rishi Pal Chaudhary, Advocate
For the Respondent: Mr. Kanwar Sanjiv Kumar, Asstt. A.G., Haryana.

JUDGMENT :

Jasjit Singh Bedi, J. 

This 2nd petition under Section 439 Cr.P.C is for the grant of regular bail in case bearing FIR No.388 dated 18.12.2020 registered under Sections 15(C), 18, 27A, 29 of the NDPS Act and Sections 201 of the IPC at Police Station Uchana, District Jind.

2. The brief facts of the case are that secret information was received that Jagrup @ Jagroop son of Amar Singh had taken delivery of a huge quantity of doda post from a truck driver and had got loaded the same in the TATA Magic (Chhota Hathi) bearing No.PB-08-DG-6706. He would be taking the same to the area of Narwana and if a nakabandi was set-up, he could be arrested.

Based on the aforementioned information, Jagrup @ Jagroop Singh (since granted bail vide order dated 25.01.2024 passed in CRM-M-53752-2023) came to be apprehended with 414 kgs. of poppy husk.

3. During the course of investigation on 19.12.2020, Rakesh (petitioner) son of Arjun was arrested with truck bearing No.HR-45C-9998. The said Rakesh suffered a disclosure statement confessing his guilt and the truck was taken into police possession. On 24.12.2020, Amandeep son of Gurvinder Singh was arrested. He disclosed about the involvement of police officials investigating this case initially in entering into a deal with them (accused) to release him (Amandeep) and Abhishek. He also disclosed that there were call details between Irfan Khan (granted bail vide order dated 21.02.2024 passed in CRM-M-55416-2023) and Amandeep and stated that he had got loaded the contraband from Irfan Khan on 17.12.2020. Based on the said statement and the investigation, FIR No.392 dated 24.12.2020 under Sections 15(c), 15(3)/18/25, 27-A/29, 59(2) NDPS Act No.61 of 1985, Sections 7, 7A and 8 of the Prevention of Corruption Act, 1988 and Sections 120-B, 192, 196, 201, 202, 203, 217, 409 and 166-A IPC, Police Station Uchana, District Jind was registered.

It transpired that the contraband got loaded on a TATA Magic vehicle recovered in the instant FIR had been part of a consignment being carried in a Truck, the recovery from which lead to FIR No.392 dated 24.12.2020.

On 22.02.2021, Subhash @ Golu was apprehended and joined in investigation. He disclosed about the involvement of Mubarik Khan (since granted bail vide order dated 08.02.2023 passed in CRM-M-19850- 2022), Jagrup @ Jagroop and Irfan Khan. There was evidence of telephonic conversations between Irfan Khan and the other co-accused.

On 26.02.2021, Mubarik Khan who had been arrested in Fir No.392/2020, Police Station Uchana, was arrested in the present case as well. He admitted his guilt and disclosed that the amount for the purchase of contraband was deposited in his bank account.

The report under Section 173(2) Cr.P.C. was presented against Jagrup @ Jagroop, Rakesh, Amandeep, Mubarik Khan and Subhash @ Golu on 08.06.2021.

A supplementary challan was submitted against Abhishek on 31.08.2021.

Irfan Khan was arrested in the present case on the basis of production warrants when he was in custody in FIR No.392/2020 on 22.01.2023. Irfan Khan disclosed that he had purchased the recovered contraband from Shakir @ Chhotte Khan, resident of Madhya Pradesh.

The report under Section 173(8) Cr.P.C. was prepared against Irfan Khan and was presented on 21.03.2023.

4. During the course of investigation it transpired that on the night intervening 17/18.12.2020 Amandeep, Rakesh (petitioner) and Abhishek alias Chhotu were apprehended with poppy husk and opium in Truck No.HR-45-C-9998. Amandeep disclosed to the members of the police party that the narcotic substance loaded in the truck was to be supplied to Jagrup and his friend Subhash alias Golu. Thereafter, all the four police officials got Amandeep and Rakesh seated in the truck and proceeded for supplying the contraband to Jagrup and his associates Subhash alias Golu. When they reached near village Palwan in Truck No.HR-45-C-9998 for giving delivery of the contraband, the police party hid itself and waited for Jagrup and his friend.