JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.120 dtd. 10/11/2021 registered under Ss. 18, 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Tarsikka, District Amritsar Rural.

(2.) FIR in the present case has been registered on the statement of ASI Satpal Singh who had stated that he alongwith other police officials were patrolling in a private vehicle, in search of anti social elements and while doing so, they had apprehended Amandeep Singh @ Aman, who was coming on a motorcycle and from whom, recovery of 350 grams of opium, 49 intoxicant capsules and 85 grams of intoxicant powder had been effected. It is on the basis of disclosure statement of the said accused that the present petitioner has been named as an accused.

(3.) Learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and no recovery has been effected from him. He has further submitted that the petitioner is not involved in any other case and has been implicated solely on the basis of disclosure statement of Amandeep Singh @ Aman and 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.