Punjab-Haryana High Court
Aman vs State Of Haryana on 10 May, 2024
Neutral Citation No:=2024:PHHC:065579
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
106 CRM-M-23514-2024
Date of Decision : May 10, 2024
AMAN -PETITIONER
V/S
STATE OF HARYANA -RESPONDENT
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Suram Singh Rana, Advocate
for the petitioner.
Mr. Bhupender Singh, D.A.G., Haryana.
***
KULDEEP TIWARI, J. (ORAL)
1. Through the instant petition, as instituted under Section 438
of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in
FIR No.108 dated 06.04.2024, under Section 20 of the N.D.P.S. Act,
1985, registered at P.S. Kunjpura, District Karnal.
2. The learned counsel for the petitioner submits that the
petitioner has no concern whatsoever with the alleged recovery of 1 kg 38
grams Ganja Patti, which indeed has been effected from co-accused
Paramjeet Kaur, and, which falls in the category of "non-commercial
quantity". The name of the petitioner surfaced for the first time ever only
in the disclosure statement, as suffered by the co-accused Paramjeet Kaur,
whereupon, he has been arrayed as an accused in the instant FIR. He
contests the evidentiary vigor of the said disclosure statement, on the
ground that, the same was suffered by the co-accused (supra) while being
in police custody.
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Neutral Citation No:=2024:PHHC:065579
3. Although the petitioner has been nominated as an accused on
the basis of disclosure statement and although the alleged recovery of
Ganja Patti, as effected from the co-accused (supra), falls in the category
of "non-commercial quantity", however, the record reveals that the
petitioner is involved in two other criminal cases registered under the
N.D.P.S Act. The petitioner has, upon his earning the relief of bail in
those two criminal cases, instead of mending his ways, again indulged in
trade of narcotics, by violating the conditions of bail granted to him.
4. Since it is a settled position of law that liberal approach in the
matters related to the Narcotic Drugs and Psychotropic Substances is
uncalled for, therefore, when the hereinabove extracted criminal
antecedents of the petitioner make him a habitual offender, who indulges
in trade of narcotics time and again, this Court refrains from granting the
asked for relief. Moreover, insofar as evidentiary worth of the disclosure
statement of co-accused (supra) is concerned, the same can only be
considered and ascertained at the appropriate stage of trial.
5. Consequently, this Court does not deem it a fit case to grant
the extraordinary relief of anticipatory bail to the petitioner. To reach at
this conclusion, this Court also garners strength from the judgment
rendered by the Hon'ble Supreme Court, in case titled as "The State of
Haryana Versus Samarth Kumar", 2022 (3) RCR (Criminal) 991. In
summa, the asked for relief of anticipatory bail is declined to the
petitioner and the petition is accordingly dismissed.
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Neutral Citation No:=2024:PHHC:065579
6. However, anything observed hereinabove shall neither be
construed to have any bearing on the outcome of the trial, nor the trial
Court concerned shall be influenced by any of the observations recorded
herein.
(KULDEEP TIWARI)
May 10, 2024 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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