Kavita Rani v. State Of Haryana

CRM-M-12967-2023 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-12967-2023 Date of Decision: 16.03.2023 Kavita Rani ..........................................Petitioner

Versus

State of Haryana ..................................... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

Present:

Mr. K.L.Saini, Advocate for the petitioner.

...

MANJARI NEHRU KAUL, J. (Oral) The petitioner is seeking the concession of anticipatory bail in FIR No. 27 dated 02.02.2023 under Sections 20-b, 27-A of the NDPS Act registered at Police Station Sadar Rattia, District Fatehabad (Haryana). Learned counsel while drawing the attention of this court to the FIR, which has been reproduced in the body of the petition, submits that the petitioner was neither named therein nor even remotely referred to in the FIR in question. It was later on, on the basis of a disclosure statement made by co-accused Amritpal, the petitioner came to be nominated as an accused. Learned counsel submits that the evidentiary value of such disclosure statement is admittedly of a weak nature and hence he be granted the concession of anticipatory bail.

I have heard the learned counsel and perused the relevant material on record.

No doubt that the petitioner was not named in the FIR in question nor apprehended at the spot, however, he was nominated as an RUPINDER KAUR 2023.03.17 14:07 I attest to the accuracy and integrity of this document

CRM-M-12967-2023 [ 2 ] accused on the basis of a disclosure statement made by co-accused Amritpal from whom the alleged recovery of 2.4 Kg Ganja was effected. In his disclosure statement, co-accused Amritpal stated that the recovered contraband had been procured from the petitioner. No doubt, there is not much value attached to such like disclosure statements, however, it has to be appreciated in the light of the petitioner's involvement in another case under the NDPS Act which was registered prior in time to the case in hand. In view of the criminal antecedents of the petitioner, who is not only involved in another case under the NDPS Act but it is a matter of record that there are four other criminal cases pending against him for various offences under the Indian Penal Code, this court is not inclined to extend the extraordinary concession of anticipatory bail to him. The petition is dismissed.

( MANJARI NEHRU KAUL) 16.03.2023 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2023.03.17 14:07 I attest to the accuracy and integrity of this document