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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL, J.
Jarnail Singh - Appellant
Versus
State of Punjab - Respondent
CRM-M No. 5110 of 2022
Decided On : 08-02-2022
Anticipatory Bail - Narcotic Drugs and Psychotropic Substances Act - 18, 21, 22 - The court discussed the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, particularly Sections 18, 21, and 22, and their interpretation in the context of granting anticipatory bail. The court relied on previous judgments to establish the principle that if a person has only been proceeded against on the basis of a disclosure statement of a co-accused and no recovery has been effected from the petitioner, then anticipatory bail should be granted.
Fact of the Case:
The petitioner sought anticipatory bail in a case registered under Sections 18, 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was implicated solely on the basis of a disclosure statement of a co-accused, and no recovery was effected from the petitioner.
Finding of the Court:
The court found that the petitioner had not been named in the FIR, and the recovery in question was not of commercial quantity. Relying on previous judgments, the court granted the petitioner anticipatory bail, subject to certain conditions.
Issues: The issues involved the grant of anticipatory bail in a case where the petitioner was implicated based on a disclosure statement of a co-accused and no recovery was effected from the petitioner.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the Narcotic Drugs and Psychotropic Substances Act, particularly in light of previous judgments that established the principle for granting anticipatory bail in similar cases.
Final Decision: The court granted the petitioner anticipatory bail, subject to the petitioner furnishing personal bonds and surety to the satisfaction of the Arresting/Investigating Officer and abiding by the conditions under Section 438(2) of Cr.P.C. The petitioner was also required to join the investigation as and when called upon to do so.
JUDGMENT :
Vikas Bahl, J.
1. Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.120 dated 10.11.2021 registered under Sections 18, 21, 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Tarsikka, District Amritsar Rural.
2. FIR in the present case has been registered on the statement of ASI Satpal Singh who had stated that he alongwith other police officials were patrolling in a private vehicle, in search of anti social elements and while doing so, they had apprehended Amandeep Singh @ Aman, who was coming on a motorcycle and from whom, recovery of 350 grams of opium, 49 intoxicant capsules and 85 grams of intoxicant powder had been effected. It is on the basis of disclosure statement of the said accused that the present petitioner has been named as an accused.
3. Learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and no recovery has been effected from him. He has further submitted that the petitioner is not involved in any other case and has been implicated solely on the basis of disclosure statement of Amandeep Singh @ Aman and 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 Singh Vs. State of Haryana” to contend that in such like cases, if a person has only been proceeded against on the basis of disclosure statement of co-accused and no recovery has been effected from the petitioner, then he should be granted the benefit of anticipatory bail.
4. A Coordinate Bench of this Court in Mewa Singh's case (Supra) has passed the following order:-
2. Reply way of affidavit of Mr. Piara Singh, PPS, Deputy Superintendent ofPolice, Sub-Division 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 has 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 submitted that keeping in view the antecedents of the petitioner his complicity is clearly evident inasmuch as he stands involved in three other cases i.e. FIR No.43 dated 2.4.2016 under Sections 15, 21, 22 NDPS Act, Police Station Sultanpur Lodhi; FIR No.5 dated 5.1.2020 under Sections 307, 186, 332, 353, 224, 225, 427, 148, 149 IPC, Police Station Sultanpur Lodhi & FIR No.193 dated 193 dated 22.11.2019 under Sections 15, 21, 25, 29 NDPS Act, Police Station Kartarpur.
6. I have considered rival submissions addressed before this Court.
7. It is not disputed that the petitioner was never apprehended at the spot and that the only evidence against him is in the shape of disclosure statement, the admissibility and veracity of which would be tested during the course of trial. As regards the other three cases which are stated to be pending against the petitioner, the learned counsel for the petitioner has submitted that even in the said cases he has been falsely implicated and was never arrested at the spot and has been granted anticipatory bail in all three cases.
8. Having regard to the facts and circumstan
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