SUKHWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in this petition under Sec. 438 Cr.PC. is for the grant of anticipatory bail in case FIR No. 19 dtd. 13/2/2024 under Ss. 21/29 (Act No.61) of NDPS Act, 1985 registered at Police Station Sadar Dhuri, District Sangrur.

(2.) The brief facts of the case are that the instant FIR came to be registered that Lakhvir Singh @ Lakha was seen throwing a transparent polythene envelope taken out from his trouser which was found to contain 50 grams of Heroin. During investigation Lakhvir Singh @ Lakha disclosed that he had brought the Heroin from Sukhwinder Kaur @ Sukho (petitioner). On the basis of the said disclosure statement Sukhwinder Kaur @ Sukho was nominated as an accused on 15/2/2024 and the offence under Sec. 29 of the NDPS Act was added.

(3.) The learned counsel for the petitioner contends that as the petitioner has been named in the disclosure statement of her co-accused without any corroborative evidence, she was entitled to the concession of bail. Reliance is placed on the judgments in the cases of Tofan Singh Versus State of Tamil Nadu, 2020 AIR (Supreme Court) 5592, Rakesh Kumar Singla Versus Union of India, 2021(1) RCR (Criminal) 704, Surinder Kumar Khanna Versus Intelligence Officer Directorate of Revenue Intelligence, 2018(3) RCR (Criminal) 954, State by (NCB) Bengaluru Versus Pallulabid Ahmad Arimutta and Ann 2022(1) RCR (Criminal) 762, Sanjeev Chandra Agarwal and Ann Versus Union of India 2021(4) RCR (Criminal) 590, Vijay Singh Versus The State of Haryana, bearing Special Leave to Appeal (Crl) No.(s).1266/2023 decided on 17,05.2023 and Vikrant Singh Versus State of Punjab, CRM-M-396572020.