Padam Singh vs State Of Haryana
2023 Latest Caselaw 5296 P&H

                                                          Neutral Citation No:=2023:PHHC:058774




102

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                       CRM-M-20310-2023
                                       DECIDED ON: 25.04.2023


PADAM SINGH
                                                    .....PETITIONER

                                   VERSUS

STATE OF HARYANA
                                                    .....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. H.S. Randhawa, Advocate for the petitioner.

SANDEEP MOUDGIL, J (ORAL)

The instant petition under Section 438 Cr.P.C., has been filed for

grant of anticipatory bail to the petitioner in FIR No.145, dated 16.03.2023,

under Section 20 of NDPS Act, registered at Police Station Kharkhoda,

District Sonipat, wherein 101 kg 800 grams of ganja is involved.

Learned counsel for the petitioner has placed reliance upon the

judgment passed in Tofan Singh vs. State of Tamil Nadu 2021(4) SCC 1

stressing upon the fact that the petitioner was neither named in the secret

information nor any recovery was effected from the spot, but has been

nominated as an accused on the basis of disclosure statement.

To the mind of this Court, the judgment rendered in Tofan Singh

vs. State of Tamil Nadu (supra) is of no consequence, once the said judgment

came to be distinguished on a fresh ratio of law laid in a very rapid change of

scenario on the NDPS Act in NCB vs. Mohit Aggarwal, SLP (Criminal) No.

6128-6129 of 2021, wherein plea of arrest on the basis of disclosure statement

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Neutral Citation No:=2023:PHHC:058774

does not come to the rescue in case. There is sufficient material and evidence

before the Investigating Agency to connect the accused with the recovered

contraband, even subsequent to the registration of FIR and during the course

of investigation.

Faced with the situation, learned counsel for the petitioner prays

for withdrawal of the present petition with liberty to surrender before the trial

Court and in case, he applies for regular bail, the same may be dealt with

expeditiously.

Prayer is accepted.

Dismissed as withdrawn with liberty to surrender before the trial

Court and to apply for regular bail does always available to the petitioner,

hence no specific observation by this Court is required.

However, in any case, if such application is filed, same may be

dealt with expeditiously, but strictly adhering to law.

No such observation made hereinabove shall be deemed to have

been taken into consideration at this stage before the trial Court, while

considering the application for regular bail.

                                                 (SANDEEP MOUDGIL)
25.04.2023                                             JUDGE
Meenu

Whether speaking/reasoned          Yes/No
Whether reportable                 Yes/No




                                                           Neutral Citation No:=2023:PHHC:058774

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