Jasraj vs State Of Haryana
2022 Latest Caselaw 2224 P&H

CRM-M-9723-2022                                                         -1-



           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                CRM-M-9723-2022 (O&M)
                                                Date of decision: 29.03.2022

Jasraj
                                                                     ... Petitioner


                                          Vs.


State of Haryana
                                                                   ... Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. S.K. Bishnoi, Advocate
             for the petitioner.

             Mr. Deepak Grewal, DAG, Haryana.

                   *******
ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for grant of regular bail in FIR No.458

dated 25.12.2021 under Section 15 of NDPS Act and Section 29 of NDPS Act

(added later on), registered at Police Station Dabwali Sadar, District Sirsa.

Learned counsel for the petitioner submits that as per allegations in

the FIR, registered at the instance of SI Data Ram, while on patrol duty, truck-

tralla was stopped on suspicion. The driver told his name as Chamandeep

Singh. After serving a notice under Section 50 of NDPS Act, his consent was

taken and a Gazetted Officer was called at the spot. Thereafter, 5 bags of doda-

post, each containing 16 kg, total 80 kag, was recovered. It is further submitted

that after arrest of co-accused Chamandeep, the police recorded his disclosure

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statement, in which it surfaced that same was supplied by the petitioner and

thereafter, he was nominated in this case. It is also submitted that the petitioner

is in custody for the last about 03 months; he is first offender and after his

arrest, nothing incriminating was recovered from him indicating that he is

involved in the business of narcotics. Learned counsel has relied upon a

judgment of the Hon'ble Supreme Court in 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 co-accused will be admissible against

the petitioner or not.

Learned State counsel, on the basis of custody certificate dated

28.03.2022, filed in the Court today, has not disputed the factual position.

After hearing learned counsel for the parties, without commenting

anything on merits of the case and considering the aforesaid facts and

circumstances of the case, this petition is allowed and the petitioner is directed

to be released on regular bail subject to furnishing his bail/surety bonds to the

satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.

Petition is disposed of.

                                          [ ARVIND SINGH SANGWAN ]
29.03.2022                                         JUDGE
vishnu


Whether speaking/reasoned : Yes/No

Whether reportable        : Yes/No




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