DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.46 dtd. 24/4/2022 registered under Ss. 21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Jhabal, District Tarn Taran.

(2.) Learned counsel for the petitioner has submitted that in the present case, the petitioner has not been named in the FIR and the petitioner was not even apprehended on the spot and no recovery has been effected from the present petitioner and even the alleged recovery effected from the co-accused Gurjit Singh @ Kaka Bhalwan was of 45 grams of heroin, which is much lesser than the stipulated commercial quantity as the same starts from 250 grams. It is further contended that the petitioner is an Ex-Servicemen and is not involved in any other case and has only been implicated on the basis of the disclosure statement of the co-accused.

(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.