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2022 Supreme(P&H) 78

VIKAS BAHL
Abhijaan Khan @ Rishu Khan – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant : Mr. D.S. Virk.
For the Respondent: Mr. Sarabjit S. Cheema, AAG, Punjab.

JUDGMENT :

Vikas Bahl, J.

1. Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.227 dated 25.12.2021 registered under Sections 21/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Urban Estate, Patiala, District Patiala.

2. Learned counsel for the petitioner has submitted that in the present case, no recovery has been effected from the petitioner and only recovery of 10 grams of smack has been effected from the co-accused Malkiat Singh which is far less than the commercial quantity as the stipulated commercial quantity of smack is 250 grams. It is further submitted that the petitioner has been implicated solely on the basis of disclosure statement of said co-accused Malkiat Singh and the said implication is on account of party faction. He has relied upon the judgment passed by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021 (1) RCR (Criminal) 1, an order passed by Coordinate Bench of this Court dated 17.06.2020 in CRM-M-12051-2020 titled “Mewa Singh Vs. State of Punjab”, and an order of another Coordinate Bench dated 16.07.2021 passed in CRM-M-12997-2020 titled as “Daljit

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