Punjab-Haryana High Court
Jaskaran Singh vs State Of Punjab on 3 July, 2024
Neutral Citation No:=2024:PHHC:082010
CRM-M-61681-2023 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRM-M-61681-2023 (O&M)
Date of decision: 03.07.2024
Jaskaran Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:- Mr. Rajesh K. Dadwal, Advocate
for the petitioner.
Mr. A. S. Samra, AAG, Punjab.
MANISHA BATRA, J. (Oral)
1. This petition has been filed under Section 439 of the Code of
Criminal Procedure for grant of regular bail to the petitioner in case
FIR No. 136 dated 24.11.2022, registered under Sections 21 and 29 of the
NDPS Act, 1985 and Section 25 of the Arms Act, 1959 at Police Station
Chabbewal, District Hoshiarpur.
2. Learned counsel for the petitioner submits that as per
allegations in the FIR, registered at the instance of SI Joginder Singh, it is
stated that while he along with other police officials was on patrol duty, a
person was seen coming from Sant Market side who was carrying a black
color polythene in this right hand. On seeing the police party, he threw the
said polythene bag on the ground and tried to run from the spot. However,
he was apprehended by the police. On inquiry, he disclosed his name as
1 of 3
Neutral Citation No:=2024:PHHC:082010
CRM-M-61681-2023 (O&M) -2-
Jaswinder Sindhu. Thereafter, on the basis of suspicion, he was apprehended
and was given a notice under Section 50 of the NDPS Act with an option to
be searched either before a Gazetted Officer or a Magistrate, on which, he
reposed faith in the Investigating Officer and a consent memo was prepared.
On search of the said polythene bag, recovery of 253 grams of heroin was
effected, which falls under the commercial quantity. The petitioner was
nominated on the basis of the disclosure made by co-accused Ajay Kumar @
Lucky, who was also not arrested at the spot and was nominated on the basis
of disclosure statement made by main accused Jaswinder Sidhu.
3. Learned counsel further submits that the petitioner is a first
offender and he is not involved in any other case. Learned counsel further
submits that after the recovery was effected, a ruqa was sent to the police
station for registration of the FIR, therefore, it will be a matter of trial
whether the provisions of Section 42 of the NDPS Act were complied with
or not. No independent witness was joined by the police. The petitioner was
nominated in this case on the disclosure of a co-accused, who himself was
nominated on the basis of disclosure made by the main accused, who was
arrested at the spot. Therefore, 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 & Anr.
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? The trial is likely to
take time. Co-accused Neeraj @ Neeraj Kumar, who was also nominated in
this case on the basis of the disclosure statement, has been granted
concession of anticipatory bail by this Court, vide order dated 06.02.2024
2 of 3
Neutral Citation No:=2024:PHHC:082010
CRM-M-61681-2023 (O&M) -3-
passed in CRM-M-57005-2023. The petitioner is in custody since long. No
useful purpose would be served by keeping him in custody anymore. Hence,
it is urged that the petition deserves to be allowed.
4. Learned State counsel, on instructions from the Investigating
Officer, has not disputed the fact that the petitioner is a first offender and he
is not involved in any other case. It is also not disputed that the petitioner
has been nominated in this case on the basis of the disclosure made by the
co-accused and no recovery was effected from him.
5. 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; he is in
custody since long; conclusion of trial is likely to take time 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 ordered to be
released on regular bail, subject to his furnishing personal/surety bonds to
the satisfaction of the trial Court/Duty Magistrate concerned.
03.07.2024 (MANISHA BATRA)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
3 of 3
