Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Giri, Advocate
For the Respondent: Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab

JUDGMENT :

Jasjit Singh Bedi, J.

The prayer in the present petition under Section 439 Cr.P.C is for the grant of regular bail in case bearing FIR No.158 dated 14.06.2023 registered under Section 15-C of the NDPS Act, (Sections 29/21-C of the NDPS Act, 1985 and Sections 25(6)/25(7) of Arms Act, 1959 besides Sections 307/323/186/332/353 IPC, 1860 added later on) at Police Station Phillaur, District Jalandhar.

2. The brief facts of the case are that Daljeet Singh @ Jeeta and Parminder Singh @ Pinder were apprehended and the recovery of 2520 Kgs of poppy husk was effected from them.

3. During the course of investigation, the statement of Daljeet Singh @ Jeeta was recorded to the effect that the poppy husk had been brought by him on the truck on the asking of Surinder Singh @ Shinda. Surinder Singh @ Shinda was arrayed as an accused vide DDR.41 dated 14.06.2023.

On 20.06.2023, Daljeet Singh @ Jeeta disclosed that the persons namely, Balbir Singh @ Bittu, Mangai Singh, Shinderpal @ Bangali and Naresh Kumar @ Billu (petitioner) purchased poppy husk from Surinder Singh @ Shinda on an earlier occasion. Therefore, these persons were also arrayed as accused in the instant FIR vide DDR No.21 dated 20.06.2023 and Section 29 of the NDPS Act was added.

Naresh Kumar @ Billu (petitioner) was arrested on 20.06.2023 and Balbir @ Bittu was arrested on 13.08.2023. Surinder Singh @ Shinda was arrested on 14.10.2023 and at that time he is alleged to have fired at the police party because of which Section 307 IPC was added and firearms were recovered from him. Further drug money as well as 1 Kg heroin was also recovered and offences under Sections 21-C of the NDPS Act and Sections 25 (6) (7) of Arms Act, 307, 323, 186, 332, 353 IPC were added. Shinderpal @ Bangali was arrested on 18.10.2023. Mangai Singh is yet to be arrested.

Surinder Singh @ Shinda disclosed that Baljit Singh was the owner of the truck and Paramjit Singh @ Pamma, Sukhwinder Singh @ Sukhjit Singh and Tikka Singh used to purchase poppy husk from him (Surinder Singh @ Shinda). Therefore, they were arrayed as co-accused vide DDR No.33 dated 22.10.2023 and Section 25 of the NDPS Act was added. Further, on the basis of the disclosures made by Surinder Singh @ Shinda, Kuldeep Singh @ Pala, Jajj Singh and Anayat Ali were arrayed as co-accused vide DDR No.22 dated 25.10.2023. Paramjit Singh @ Pamma joined investigation pursuant to an interim order of this Court whereas the other accused are still absconding.

The report under Section 173(2) Cr.P.C. was submitted against Daljeet Singh @ Jeeta, Parminder Singh @ Pinder, Naresh Kumar @ Billu, Balbir @ Bittu, Shinderpal @ Bangali and Surinder Singh @ Shinda.

4. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He contends that the name of the petitioner figured in the disclosure statement of his coaccused namely, Daljeet Singh @ Jeeta which has little evidentiary value. Reliance is placed on the judgments in the cases of Tofan Singh Versus State of Tamil Nadu, 2020 AIR (Supreme Court) 5592, Rakesh Kumar Singla Versus Union of India, 2021(1) RCR (Criminal) 704, Surinder Kumar Khanna Versus Intelligence Officer Directorate of Revenue Intelligence, 2018(3) RCR (Criminal) 954, State by (NCB) Bengaluru Versus Pallulabid Ahmad Arimutta & Ann 2022(1) RCR (Criminal) 762, Sanjeev Chandra Agarwal &Ann Versus Union of India 2021(4) RCR (Criminal) 590, Vijay Singh Versus The State of Haryana, bearing Special Leave to Appeal (CrL) No.(s).1266/2023 decided on 17.05.2023, State of Haryana versus Samarth Kumar 2022 (3) RCR (Criminal) 991 and Vikrant Singh Versus State of Punjab, CRM-M-39657-2020, wherein it has been held that the accused can be granted the concession of regular bail where he has been named in the disclosure statement of his co-accused and there is no other corroborative evidence against the accused. As the petitioner was in custody since 21.06.2023, none of the 34 prosecution witnesses h