AAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.442 dtd. 8/6/2022 registered under Ss. 21 (b)-61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act") at Police Station City Hisar, District Hisar.

(2.) Learned counsel for the petitioner has submitted that in the present case, the petitioner has not been named in the FIR and no recovery has been effected from him and the alleged recovery of 6.25 grams of heroin has been effected from co-accused namely, Pooja, who is the wife of the petitioner and it is further submitted that even the said quantity of 6.25 grams of heroin is far lesser than the commercial quantity stipulated as the commercial quantity of the same starts from 250 grams and thus, bar under Sec. 37 of the NDPS Act would not apply.

(3.) 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 and statement made by co-accused before the police is inadmissible in evidence.