CHANDAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.181 dtd. 19/11/2021 registered under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 29 of the NDPS Act has been added later on) at Police Station City-1 Mansa, District Mansa.

(2.) Learned counsel for the petitioner has submitted that in the present case, no recovery has been effected from the petitioner and the petitioner has solely been implicated on the basis of disclosure statement made by the co-accused Karan Singh from whom the alleged recovery of 20 grams of heroin, which is non-commercial quantity, has been recovered. Learned counsel for the petitioner has relied upon the judgment passed by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, an order passed by Coordinate Bench of this Court dtd. 17/6/2020 in CRM-M-12051- 2020 titled "Mewa Singh Vs. State of Punjab", and an order of another Coordinate Bench dtd. 16/7/2021 passed in CRM-M-12997-2020 titled as "Daljit Singh Vs. State of Haryana" to contend that in such like cases if a person has only been proceeded against on the basis of disclosure statement of co-accused and no recovery has been effected from the petitioner, then he should be granted the benefit of anticipatory bail.

(3.) Notice of motion.