Sanjay Kumar vs State Of Punjab
2021 Latest Caselaw 2965 P&H

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                          CRM-M No.42985 of 2021 (O&M)
                                              Date of decision: 12.10.2021

Sanjay Kumar
                                                               ....Petitioner

                                   Versus

State of Punjab
                                                             ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Bhavyadeep Walia, Advocate for the petitioner.

ARVIND SINGH SANGWAN J. (Oral)

Prayer in this petition is for grant of anticipatory bail to the

petitioner in FIR No.27 dated 01.03.2021 registered under Sections

22(b)/29 of the Narcotic Drugs and Psychotropic Substances Act (in

short 'the NDPS Act') at Police Station City Moga, District Moga.

Counsel for the petitioner has argued that as per the

allegations in the FIR, ASI Harpreet Singh got a secret information that

co-accused Swaran Singh is habitual of selling intoxicant tablets and he

is coming near the Railway Line for selling some intoxicant tablets. On

receiving this information, a ruqa was sent to the Police Station for

registration of the case and thereafter, the investigation was carried out

and from the said co-accused Swaran Singh, 200 tablets of Alprazolam

was recovered. Later on, during the police custody, Swaran Singh

nominated the petitioner as a person, from whom he has procured the

intoxicant tablets.

Counsel for the petitioner has further submitted that the

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petitioner is not involved in any other case and has no criminal

antecedents of any such type of offence and he has been falsely

implicated in the case.

Counsel for the petitioner has relied upon the judgment

"Tofan Singh vs State of Tamil Nadu", 2013(4) RCR (Criminal) 631,

to submit that it will be a debatable issue whether the disclosure

statement made by the co-accused will be admissible against the

petitioner or not.

Notice of motion.

Mr. Joginder Pal Ratra, DAG, Punjab who is present in the

Court accepts notice on behalf of the respondent - State and could not

dispute the factual position. It is also not disputed that the petitioner is

not involved in any other case; he is the first offender and his name

surfaced only in the disclosure statement of the co-accused. It is also

not disputed that the statement of the co-accused Swaran Singh has

been recorded by the police and the same is not recorded before the

Magistrate.

In view of the above, considering the fact that the

petitioner is not involved in any other case under the NDPS Act; he has

been nominated in the case on the basis of the disclosure statement of

the co-accused and in view of the judgment of the Hon'ble Supreme in

"Tofan Singh's case (supra), this petition is allowed and the petitioner

is directed to appear before the Investigation Officer within a period of

10 days from today to join the investigation and he will be released on

interim bail on furnishing bail/surety bonds to the satisfaction of the

Investigating Officer subject to the conditions envisaged under Section

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438(2) Cr.P.C.

However, it will be open for the prosecution to apply for

cancellation of bail of the petitioner, in case he is found involved in any

other case or misusing the concession of bail, in any manner.

                                         (ARVIND SINGH SANGWAN)
                                                  JUDGE

12.10.2021
yakub
             Whether speaking/reasoned:              Yes/No

             Whether reportable:                     Yes/No




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