JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail in case F.I.R. No.191 dtd. 19/7/2023 registered under Ss. 22(c), 27a, 29 of NDPS Act at Police Station Sadhaura, District Yamuna Nagar.

(2.) As per the contents of the FIR, it has been alleged as under:-

(3.) Learned counsel for the petitioner submits that the petitioner has been nominated on the basis of disclosure made by co-accused Gaurav who was found to be in possession of 528 capsules containing dicyclomine hydrochloride and Tramadol hydrochloride and Acetaminophen weighing 295.02 grams. He submits that apart from the said disclosure there is no incriminating evidence against him and merely on the basis of disclosure, the petitioner cannot be convicted. So far as his nomination by the co-accused is concerned, the same alone is a weak piece of evidence in terms of law laid down in Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1 and would not be sufficient to drive home guilt against him.