RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition under Sec. 438 Cr.P.C. for grant of anticipatory/pre-arrest bail to the petitioner in FIR No.169 dtd. 6/12/2021, registered under Ss. 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 29 of the NDPS Act added later on), at Police Station Boha, District Mansa.

(2.) Learned counsel for the petitioner has submitted that in the present case no recovery has been effected from the petitioner and he has only been implicated on the basis of disclosure statement made by co-accused, namely, Surjit Singh and Lakhpreet Singh, from whom the recovery of 10 grams of heroin has been made. It is submitted that the petitioner is not even remotely linked with the said recovery and he is not involved in any other case under the NDPS Act. It is also submitted that even the alleged recovery from the co-accused would not fall in the category of commercial quantity and in fact is marginally higher than the small quantity.

(3.) Learned counsel for the petitioner has relied upon an order passed by a Coordinate Bench of this Court dtd. 17/6/2020 in CRM-M-12051-2020 titled "Mewa Singh Vs. State of Punjab" , in which in a case of recovery of 1.7 Kgs 'Heroin' a similar disclosure statement was made against the petitioner therein to the effect that he had supplied the contraband and in the said situation the petitioner therein was granted anticipatory bail. The relevant portion of the said order is reproduced hereinbelow:-