RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a first petition under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.130 dtd. 27/10/2021 registered under Ss. 15(c)/29/61/85 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short "NDPS Act").

(2.) Learned counsel for the petitioner has submitted that in the present case although the petitioner had been named in the secret information but he was not apprehended at the spot, nor any recovery had been effected from the petitioner and the alleged recovery in the present case had been effected from co-accused Daljit Singh. It is further submitted that the petitioner was arrested on 26/5/2022 and even after his arrest, no recovery has been effected from him. It is also stated that the petitioner is sought to be implicated solely on the basis of secret information and on the basis of disclosure statement made by co-accused Daljit Singh and there is no other material against the present petitioner, nor there are any call details between the petitioner and Daljit 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 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 the disclosure statement made before the police is inadmissible in evidence.

(3.) Learned State counsel, on the other hand, has opposed the present petition for regular bail and has submitted that recovery from the co- accused Daljit Singh is 110 kgs of poppy husk which comes within the ambit of commercial quantity. It is further submitted that the petitioner is involved in other cases also. However, the other facts have not been disputed.