PARGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a first petition under Ses. 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.72 dtd. 12/6/2022 registered under Ss. 15 and 29 (added later on) of the NDPS Act, 1985 at Police Station Lohian, District Jalandhar.

(2.) Learned counsel for the petitioner has submitted that the petitioner was not named in the FIR and the recovery has been effected from co-accused, namely, Rajinder Singh alias Vicky and Sahil Kumar and the petitioner was implicated on the basis of the disclosure statement of the said co-accused. Petitioner is not the registered owner of the truck from which the alleged recovery has been effected. Reliance is placed on the judgment of Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, to contend that the statement of the coaccused before the Police implicating the accused is not admissible in evidence and thus, concession of anticipatory bail should be granted.

(3.) Learned State counsel on the other hand, has submitted the status report and has opposed the present petition for grant of anticipatory bail. It is submitted that as per the case of the prosecution, it was Rajinder Singh alias Vicky and Sahil Kumar, who were travelling in a truck bearing registration No.PB-11-C-0709, when they were apprehended and recovery of 55 kg and 200 gram of poppy husk had been effected from them and the said quantity would fall within the ambit of commercial quantity. It is submitted that in the disclosure statements of the co-accused persons, they have stated that the present petitioner i.e., Pargat Singh, is their boss and had employed them to deliver the poppy husk and it was on his asking, that they were carrying the said poppy husk in the truck belonging to the petitioner along with the petitioner. It is submitted that although, the registered owner of the truck is Sukhwinder Singh but the petitioner on 14/1/2022, had purchased the same from the said Sukhwinder Singh and the possession of the same was taken from the said Sukhwinder Singh. Sale and purchase agreement of the said truck has been signed on 11/2/2022 by Sukhwinder Singh and Pargat Singh and the same was written on a stamp paper.