SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Court has been convened through video conferencing due to Covid-19 pandemic.

(2.) Through the instant petition under Sec. 438 of Code of Criminal Procedure, 1973, the petitioner seeks anticipatory bail in case FIR No.157 dtd. 21/8/2020, registered under Ss. 22(c), 27-A of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short "the NDPS Act") at Police Station Bhattu Kalan, District Fatehabad. FIR, Annexure P-1, was registered after a raid was conducted on the shop of Arvind @ Bablu, who was found in possession of 4800 Tramadol Hydrochloride Sustained Release Tablets Tricore SR and 2400 Tramadol Hydrochloride, Diclofenac Sodium Dicyclomine Hydrochloride and Chlorpheniramine Maleate Capsules Parvorine-Spas, total weighing 4 kilogram 854 grams. He named Satpal (present petitioner) Monu @ Shishpal, Rajesh @ Raja and Narinder as the persons, who had brought the contraband from Rajasthan and supplied it to him.

(3.) Counsel for the petitioner has contended that the petitioner has been nominated as an accused on the basis of statement of Arvind @ Bablu from whom recovery was allegedly effected. Placing reliance on case law, he urges that disclosure statement of a co-accused is inadmissible in evidence. He submits that co-accused Monu @ Shishpal has been released on bail pending trial by this Court vide order dtd. 14/1/2021 passed in CRM-M-36643-2020 and the case of the petitioner is at par with the said co-accused.