Shubham Kumar Alias Shubi vs State Of Haryana
2021 Latest Caselaw 1772 P&H

CRM-M-18921-2021                                                        -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                        CRM-M-18921-2021
                                                 Date of decision: 13.05.2021

Shubham Kumar @ Shubi                                              ...Petitioner

                                        Versus

State of Haryana                                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-    Mr. V. B. Godara, Advocate
             for the petitioner.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioner prays for grant of anticipatory bail in FIR

No. 75 dated 10.03.2021, registered under Section 21 of the NDPS Act,

1985 at Police Station Sadar Sirsa, District Sirsa.

Learned counsel for the petitioner submits that as per

allegations in the FIR, the police party apprehended two persons, namely

Manish Kumar and Bal Kishan on suspicion and recovered 05 grams of

Heroin each from them i.e. total 10 grams.

Learned counsel further submits that the petitioner was later on

nominated on the disclosure of aforesaid co-accused and it will be a

debatable matter during the course of trial whether the same is admissible in

view of judgment rendered by Hon'ble Supreme Court in the case of Tofan

Singh vs. State of Tamil Nadu, 2013 (9) SCR 962.

Learned counsel further submits that though the petitioner is

involved in five other FIRs, however, none of them relates to any offence

punishable under the NDPS Act and the said FIRs are under the provisions

of IPC and there is no major allegation against the petitioner.

1 of 2

Learned counsel further submits that recovery, effected from

the co-accused, was of only 05 grams each, which may be for their personal

consumption and not for the purpose of selling it to a third party.

Notice of motion.

Mr. Sumit Jain, Addl. A.G., Haryana, who is also appearing

through video conferencing, accepts notice on behalf of the respondent-

State and on instructions from SI Jaswinder Singh, submits that both the

aforesaid co-accused, who were arrested at the spot, have been granted

concession of regular bail as the recovery was of small quantity.

After hearing learned counsel for the parties, without

commenting on the merits of the case, considering the fact that petitioner is

not a previous offender under the NDPS Act and the recovery is of only 05

grams of Heroin each from the co-accused, on whose disclosure the

petitioner was nominated in the present FIR, the present petition is allowed

and the petitioner is granted concession of anticipatory bail, subject to the

conditions envisaged under Section 438(2) Cr.P.C.

However, it will be open for the Investigating Officer to call

upon the petitioner to join investigation, if required, by issuing him a

written notice in this regard.

13.05.2021                                      (ARVIND SINGH SANGWAN)
Waseem Ansari                                          JUDGE


                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




                                     2 of 2