Harjinder Singh @ Johny vs State Of Punjab
2023 Latest Caselaw 11303 P&H

                                                           Neutral Citation No:=2023:PHHC:097602




CRM-M-35742 of 2023                                  -1-          2023:PHHC:097602

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH

218                                             CRM-M-35742 of 2023
                                                Date of Decision:31.07.2023
Harjinder Singh @ Johny

                                                                              ....Petitioner
                                         Versus
State of Punjab

                                                                           .....Respondent

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

             ****

Present:     Mr. Sandeep Kumar Passi, Advocate,
             for the petitioner.

             Mr. J. S. Arora, DAG, Punjab

        ****
JASGURPREET SINGH PURI, J. (Oral)

1. The present petition has been filed under Section 439 of the Code of

Criminal Procedure for the grant of regular bail to the petitioner in FIR No.169

dated 16.05.2022, under Sections 22(c) of the NDPS Act (Section 29 of the NDPS

Act added later on), registered at Police Station City Faridkot, District Faridkot.

2. It is submitted by learned counsel for the petitioner that the petitioner

is in custody for seven months and six days. He submitted that the investigation of

the present case has already been completed and the final report under Section 173

of the Code of Criminal Procedure has been presented to the competent Court. He

submitted that the name of the petitioner was nominated purely on the basis of the

disclosure statement of the co-accused, namely, Sukhchain Singh @ Kaka from

from whom there was an alleged recovery of 1000 tablets of Tramadol. He

submitted that the petitioner is not involved in any other case and has clean

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antecedents. He submitted that the name of the petitioner had surfaced only on the

basis of the disclosure statement which is not per se admissible in evidence in ivew

of the ratio of a judgment of the Supreme Court in Tofan Singh versus State of

Tamil Nadu 2021 (1) RCR (Criminal) 1. He further submitted that there is no

evidence available with the prosecution to connect the petitioner with the present

offence except the disclosure statement of the co-accused which is not admissible

in evidence. He submitted that in view of the aforesaid facts and circumstances of

the present case, he may be considered for the grant of regular bail.

3. On the other hand, Mr. J. S. Arora, learned DAG, Punjab has stated

that it is correct that the petitioner has already faced incarceration for about seven

months and six days and the police has completed the investigation and the

challan has already been presented to the competent Court. He further submitted

that so far as the antecedents of the present petitioner is concerned, he is not

involved in any other case.

4. I have heard learned counsel for the parties.

5. It is a case where the petitioner has already faced incarceration for

about seven months and six days. The petitioner is not involved in any other case

and has clean antecendents. The name of the petitioner has been nominated on the

basis of the disclosure statement of the co-accused which is not admissible in

evidence as per the judgment of the Hon'ble Supreme Court in Tofan Singh's case

(supra). Learned State counsel has not been able to point out any other material or

evidence to show the connection of the petitioner with the present offence except

the disclosure statement of the co-accused. No recovery has been effected from the

petitioner as per learned counsel for the petitioner. Therefore, this Court is of the

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view that the bar contained under Section 37 of the NDPS Act will not apply in the

present case. Consequently, the present petition is allowed. The petitioner shall be

released on regular bail, if not required in any other case, subject to furnishing bail

bonds/surety to the satisfaction of the learned trial Court/Duty Magistrate

concerned.

6. However, anything observed hereinabove shall not be treated as an

expression of opinion on merits of the case and is only meant for the purpose of

decision of the present petition.

                                       (JASGURPREET SINGH PURI)
                                               JUDGE
July 31, 2023
dinesh             Whether speaking                  :      Yes/No
                   Whether reportable                :      Yes/No




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