Suraj vs State Of Haryana
2022 Latest Caselaw 5988 P&H

107
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                          CRM-M No.27634 of 2022 (O&M)
                                              Date of decision: 29.06.2022

Suraj
                                                               ....Petitioner
                                   Versus
State of Haryana
                                                             ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Gourav Jain, 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.141 dated 01.04.2022 registered under Sections

21(b) of the NDPS Act (Section 27-A of the NDPS Act, added later), at

Police Station City Tohana, District Fatehabad.

Counsel for the petitioner has submitted that as per the

allegations in the FIR, one Raja was arrested by the police and 11 gms

of Heroin was recovered from him. It is further submitted that the

petitioner has no such antecedents of involvement in any criminal case

and his name surfaced in the case only during the disclosure of the co-

accused Raja.

Counsel for the petitioner further argued that in view of the

judgments rendered by Hon'ble Supreme Court in "Tofan Singh vs.

State of Tamil Nadu", (2021) 4 SCC 1 and "State By (NCB)

Bengaluru vs. Pallulabid Ahmad Arimutta and another", 2022 Live

Law (SC) 69, it will be a matter of trial whether disclosure of the co-

accused is admissible against the petitioner or not.

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Notice of motion.

Mr. Deepak Grewal, DAG, Haryana who is present in the

Court accepts notice on behalf of the respondent - State and on

instructions from SI Om Parkash has not disputed the fact that the

petitioner is not involved in any other case.

After hearing learned counsel for the parties, without

making any comment on the merits of the case, considering the fact that

the petitioner is not involved in any other case under the NDPS Act and

also in view of the ratio of law as laid down by Hon'ble Supreme Court

in aforesaid judgments, the present petition is allowed and the

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

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

                                          (ARVIND SINGH SANGWAN)
                                                   JUDGE

29.06.2022
yakub



             Whether speaking/reasoned:              Yes/No

             Whether reportable:                     Yes/No




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