Talwinder Singh vs State Of Punjab
2022 Latest Caselaw 5989 P&H

114

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                          CRM-M No.27695 of 2022 (O&M)
                                              Date of decision: 29.06.2022

Talwinder Singh
                                                               ....Petitioner
                                   Versus
State of Punjab
                                                             ....Respondent

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Kuldip Singh, 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.40 dated 01.05.2022 registered under Sections 20,

21, 22 of the NDPS Act, at Police Station Khuhi Khera, District

Fazilka.

Counsel for the petitioner has submitted that one Sandeep

Kumar was arrested and recovery of 12 gms of Ganja was effected. It is

further submitted that the petitioner has no criminal antecedents of

involvement in any other such or similar case and he has been named

only on the basis of the disclosure statement of the co-accused.

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. Joginder Pal Rata, DAG, Punjab who is present in the

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

the prayer for bail.

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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