FAKIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a first petition under Sec. 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR no.224 dtd. 4/8/2022 registered under Sec. 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 Sec. 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 the petitioner has relied upon the judgment of the Hon'ble Supreme Court in case titled as "Tofan Singh vs. State of Tamil Nadu" reported as 2021(4) SCC 1 and judgment passed in CRM-M-12051-2020, by a coordinate Bench of this Court dtd. 17/6/2021 titled as "Mewa Singh Vs. State of Punjab" and the judgment passed in CRM-M-12997-2020 titled as "Daljit Singh Vs. State of Haryana", to contend that disclosure statement made before the police is inadmissible in evidence.

(3.) Learned State counsel, on the other hand, has opposed the present petition for anticipatory bail and has submitted that the co-accused Ram Singh, from whom recovery has been effected, had named the present petitioner in his disclosure statement and has further submitted that the petitioner is involved in one more case under the NDPS Act in FIR no.23 dtd. 2/3/2017 registered at Police Station Sadar Mansa.