JUDGMENT

Vikas Bahl, J. (Oral). - Case is taken up for hearing through video conferencing.

Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.12 dated 17.01.2021, registered under Sections 21 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Special Task Force Wing, Mohali, District S.A.S. Nagar (Area District Faxilka).

On 12.03.2021, when this case came up before a co-ordinate Bench of this Court, following order was passed:

“Heard through video conferencing The petitioner is seeking anticipatory bail in FIR No.12 dated 17.01.2021, under Section 21 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Special Task Force Wing, Mohali, District S.A.S. Nagar (Area District Fazilka).

Learned counsel for the petitioner contends that the recovery of 100 grams of heroin was allegedly effected from co-accused, namely Ravi Kumar, who was arrested at the spot. It is alleged that the petitioner was driving the car, but had run away. He, however, contends that the prosecution version is highly improbable and it would not be possible for the petitioner to have run away from the spot in the presence of 5-6 police officials and there is no video recording to indicate that the petitioner had run away. He also contends that the arrest of co-accused namely, Manjeet Singh has been stayed by this Court by order dated 09.03.2021 passed in CRM-M No.11065 of 2021, which is listed for hearing on 01.04.2021 Issue notice the respondent.

At the asking of the Court, Mr. Dhruv Dayal, Senior DAG, Punjab, accepts notice on behalf of the respondent-State. He prays for time to file an affidavit with regard to the role and the prima facie material against the petitioner.

List on 01.04.2021 along with CRM-M No.11065 of 2021..

The arrest of the petitioner shall remain stayed till the next date of hearing.”

Learned counsel for the petitioner has submitted that there is no recovery from the petitioner and even the alleged recovery from the co- accused was 100 grams of 'Heroin' which a non commercial quantity. It is further submitted that it is highly improbable that he would possibly run away from the spot where 5-6 police officials were present. It is further submitted that in case the anticipatory bail is granted to the petitioner, petitioner would join the investigation and would co-operate with the investigation. It has also been submitted that with respect to the recovery, there was no independent witness.

Learned counsel for the petitioner has relied upon an order passed by Coordinate Bench of this Court dated 17.06.2020 in CRM-M- 12051-2020 titled “Mewa Singh v. State of Punjab” in which in a case of recovery of 1.7 Kgs 'Heroin' a similar disclosure statement was made against the petitioner therein to the effect that he had supplied the contraband and in the said situation the petitioner therein was granted anticipatory bail. The relevant portion of the said order is reproduced hereinbelow:-

“1. The petitioner has approached this Court seeking grant of anticipatory bail in a case registered against him vide FIR No.133 dated 24.11.2019 under Section 21 NDPS Act Police Station Lohian, District Jalandhar.

2. Reply way of affidavit of Mr. Piara Singh PPS, Deputy Superintendent of Police, Sub-Divbision Shahkot, District Jalandhar (Rural) on behalf of the respondent-State has been filed, which is taken on record.

3. The allegations in nut-shell are that Bachittar Singh was found in possession of 1.7. Kgs. 'Heroin'. During the course of interrogation, he made a disclosure statement nominating the petitioner as an accused wherein he stated that the contraband in question had been supplied by the petitioner.”

4. Learned counsel for the petitioner has submitted that he as falsely been implicated in the present case and was never arrested at the spot and that the alleged disclosure statement is not worth credence.

5. Opposing the petition, learned State counsel has subm