Punjab-Haryana High Court
Jatinder Singh vs State Of Punjab on 8 December, 2022
(1) CRM-M-51747 of 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-51747 of 2022
Date of Decision:- 08.12.2022
Jatinder Singh
....Petitioner
Vs.
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr. Pushp Jain, Advocate
for the petitioner.
Mr. C.L Pawar, Addl. AG, Punjab.
KARAMJIT SINGH, J.(Oral)
Present petition has been filed by the petitioner seeking
grant of anticipatory bail in case having FIR No.221 dated
16.10.2022, registered under Sections 18, 61 of Narcotic Drugs and
Psychotropic Substances Act, 1985 (later on Section 29 of NDPS Act
has been added) at Police Station Civil Lines Patiala, District Patiala.
The counsel for the petitioner submits that the FIR in this
case was registered against Kulwinder Singh from whom the police
allegedly recovered 2kg 560 grams of opium on 16.10.2022. The
counsel for the petitioner further submits that the petitioner is
nominated as an accused on the basis of the alleged disclosure
statement made by co-accused Kulwinder Singh and the relevancy
and admissibility of the said disclosure statement would be tested
during the trial. The counsel for the petitioner further submits that
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(2) CRM-M-51747 of 2022
actually co-accused Kulwinder Singh falsely named the present
petitioner before the police, as he is having money dispute with
regard to purchase of cattle feed from the petitioner. The counsel for
the petitioner further submits that the petitioner is not involved in any
other case under the NDPS Act and is ready to join the investigation.
In support of his contentions, the counsel for the petitioner placed
reliance upon Tofan Singh Vs. State of Tamil Nadu (2021) 4 SCC 1.
The present petition is resisted by the State counsel who
submits that in the present case 2kg 560 grams of opium was
recovered from the possession of co-accused Kulwinder Singh by the
police on 16.10.2022 and accordingly the FIR was registered in the
present case. It is further argued that during the investigation
aforesaid Kulwinder Singh disclosed that the said opium was
purchased by him from the petitioner and as such, the petitioner is
required by the police for proper investigation of the present case. So,
prayer is made that the present petition be dismissed.
However, the State counsel has not disputed the fact that
the petitioner is having no criminal antecedents.
I have considered the submissions made by counsel for
the parties.
Admittedly the petitioner was not named in the FIR
which was registered against co-accused Kulwinder Singh from
whom the police recovered commercial quantity of contraband i.e.
2kg 560 grams of opium on 16.10.2022. The name of the present
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petitioner surfaced on the basis of the disclosure statement made by
co accused Kulwinder Singh while in police custody. In the light of
law laid down by Hon'ble Supreme Court in criminal appeal
No.1005 of 2022, decided on 20.07.2022, State of Haryana Vs.
Samarth Kumar, the petitioner cannot take benefit of judgment in
Tofan Singh's case (supra) at this stage when he is seeking grant of
anticipatory bail.
The present case is registered with regard to recovery of
commercial quantity of contraband. So embargo provided under
Section 37 of NDPS Act is applicable in the instant case. The
custodial interrogation of the petitioner is necessary for the proper
and effective investigation of the case by the police.
In light of the above, this Court is of the view that the
present petition deserves to be dismissed. Accordingly, the same is
hereby dismissed. However, observations made herein above are not
be construed as opinion on the merits of the case.
( KARAMJIT SINGH)
08.12.2022 JUDGE
P. Chawla
Whether reasoned / speaking? Yes / No
Whether reportable? Yes / No
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