JUDGMENT

Vikas Bahl, J. (Oral) - This is a first petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.72 dated 12.06.2022 registered under Sections 15 and 29 (added later on) of the NDPS Act, 1985 at Police Station Lohian, District Jalandhar.

2. Learned counsel for the petitioner has submitted that the petitioner was not named in the FIR and the recovery has been effected from co-accused, namely, Rajinder Singh alias Vicky and Sahil Kumar and the petitioner was implicated on the basis of the disclosure statement of the said co-accused. Petitioner is not the registered owner of the truck from which the alleged recovery has been effected. Reliance is placed on the judgment of Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, to contend that the statement of the coaccused before the Police implicating the accused is not admissible in evidence and thus, concession of anticipatory bail should be granted.

3. Learned State counsel on the other hand, has submitted the status report and has opposed the present petition for grant of anticipatory bail. It is submitted that as per the case of the prosecutio