RAHUL JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

(2.) In paragraph 16 of the bail petition, the accused declares that he has no criminal antecedents.

(3.) The facts and allegations are taken from the reply filed by the State. On 2/3/2024, based on chance recovery, the Police seized 02 kg of opium from the co-accused, namely, Sunny Jagga's possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023. During custodial interrogation, the main accused suffered two disclosure statements to the effect that he alongwith his brother Mani Kumar, his cousin brother Pawan Kumar and Nishant Bhagat used to send opium to abraod under the garb of parcels. Amandeep, Sunil Kumar and Harmanpreet used to supply opium to them and where they were to supply the opium, was told to them by Suraj and Amandeep. For clearing the courier, Nishat Bhagat used to give money to Parmod. On the basis of disclosure statement, Parmod was arrested. During custodial interrogation, Parmod Kumar made a disclosure statement to the effect that Pawan Kumar, Mani Kumar, Sushil Kumar @ Suraj were doing the business of supplying opium through courier to Canada, America, England, Australia, New Zealand etc. They used his help to forward their courier parcels from Delhi. They used to tell him that their courier parcels were coming, he immediately would contact the employees of customs department Rukesh Sharma, Amit Sharma, Rahul Jain (present petitioner), Pushpinder Jain in Foreign Post Office, ITO Mata Sundri Road, Delhi. Based on such confession before the police, the petitioner was arraigned as an accused. Apprehending arrest, he filed for anticipatory bail from the Sessions Court, which denied him bail. Feeling aggrieved, he has invoked the concurrent jurisdiction of this Court under S. 482 BNSS, 2023.