Tahir Khan vs State Of Haryana
2022 Latest Caselaw 14379 P&H

CRM-M No.48692 of 2022 (O&M) 1

103 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.48692 of 2022 (O&M)
Date of decision : 15.11.2022

Tahir Khan Petitioner
versus
StateofHaryana 2a Respondent
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
*

Present :- Mr. Saleem Ahmed, Advocate for the petitioner.

Mr. Sumit Jain, Addl.AG, Haryana.

EK

PANKAJ JAIN, J. (QRAL)

The petitioner has prayed for grant of pre-arrest bail in FIR No.50 dated 29.04.2021 registered under Sections 20, 61 & 85 of the NDPS Acct, at Police Station Uttawar District Palwal (Haryana).

As per the facts of the case, one Jaikam S/o Attru was apprehended with 119.700 kg. of Ganja Patti. During disclosure in police custody aforesaid Jaikam nominated the petitioner as source of contraband.

Counsel for the petitioner submits that such confession suffered by Jaikam cannot be read against the petitioner. Reliance is being placed upon the law laid down by the Apex Court in Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1.

Learned State counsel submits that it is a matter involving heavy recovery and thus rigours of Section 37 of the NDPS Act will be

applicable. Apart from that the benefit under the law laid down in Tofan

POOJA SHARMA

2022.11.17 10:10

| attest to the accuracy and authenticity of this order/judgment.

POOJA SHARMA 2022.11.17 10:10 | attest to the accurac

Singh's case (supra) cannot be extended to the petitioner in view of the law laid down by the Apex Court in State of Haryana Vs. Samarth Kumar (2022) 3 RCR Cri.991.

I have heard learned counsel for the parties and have gone through the records of the case.

Keeping in view the quantity of the contraband recovered prima-facie rigours of Section 37 of the NDPS Act will be applicable. At the same time benefit of Tofan Singh's case (supra) also cannot be extended at this stage while considering pre-arrest bail of petitioner in view of Samarth Kumar's case (supra) wherein Apex Court held as under :-

"XX XX XX

&. In cases of this nature, the respondents may be able to take advantage of the decision in Tofan Singh vs. State of Tamil Nadu (supra), perhaps at the time of arguing the regular bail application or at the time of final hearing after conclusion of the trial.

9. To grant anticipatory bail in a case of this nature is not really warranted. Therefore, we are of the view that the High Court fell

into an error in granting anticipatory bail to the respondents."

In view of the aforesaid, no ground to grant pre-arrest bail to the petitioner is made out. Consequently, the same is ordered to be dismissed.

Needless to say nothing recorded hereinabove should be

construed as expression on merits of the case.

(PANKAJ JAIN ) JUDGE 15.11.2022 Pooja sharma-I Whether speaking/reasoned Yes

Whether Reportable : No

and

authenticity of this order/judgment.