SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a first petition under Sec. 438 Cr.P.C. for anticipatory bail to the petitioner in FIR no.38 dtd. 5/2/2022 registered under Ss. 21(b)/27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') at Police Station Bhuna, District Fatehabad.

(2.) Learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and no recovery has been effected from the petitioner. The petitioner has only been implicated on the basis of statement of co-accused Amarjeet @ Amni from whom the alleged recovery of 30 grams 45 milligrams of heroin has been effected. It has been stated that even the said recovery from Amarjeet @ Amni is of non-commercial quantity as the commercial quantity of heroin is stipulated at 250 grams.

(3.) Reliance has been placed 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 upon the judgment passed in CRM-M-12051-2020, by a coordiante 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 merely on the basis of the disclosure statement of the co-accused the petitioner should not be denied the concession of bail. The relevant portion of Mewa Singh's judgment is reproduced hereinbelow:-