Punjab Singh v. State Of Punjab





  1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRMM No. 474202024 (O&M) Date of Decision: 23.09.2024 Punjab Singh .....Petitioner versus State of Punjab ....Respondent












 

Present :

Mr. Sukhbir Maandi, Advocate, for the petitioner. Mr. Gagneshwar Walia, Addl. Advocate General, Punjab. **** 



 

 The petitioner apprehends his arrest in respect of offences punishable under Section 21 of the Narcotic Durgs and Psychotropic Substance Act, 1985 in FIR No. 63 dated 28.07.2024 registered at Police Station City Valtoha, District Tarn Taran, wherein 20 grams of Heroin was recovered from the possession of coaccused Rajiv Kumar. 2.

It is submitted by learned counsel for the petitioner that implication of the petitioner is based on a confessional statement made by coaccused Rajiv Kumar under Section 27 of the Evidence Act (Section 23 of the Bharatiya Sakshya Adhiniyam, 2023). It is submitted that no recovery had taken place from the petitioner.

3.

On the other hand, learned State counsel objected to the contention raised by learned counsel for the petitioner by relying upon a judgment of the Apex Court in
  


         
 

 in which it is laid down that the benefit of RAVINDER KUMAR 2024.09.24 19:33 I attest to the accuracy and integrity of this document





  2 anticipatory bail is not available to an accused implicated on the basis of a disclosure statement made by coaccused. It is submitted by the learned State counsel that at best the petitioner can seek regular bail. 4.

Since the investigation is pending and the possibility of further evidence coming forth cannot be ruled out, this Court for the time being declines to grant anticipatory bail to the petitioner. Accordingly, the application is dismissed.

(SHEEL NAGU) CHIEF JUSTICE 23.09.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2024.09.24 19:33 I attest to the accuracy and integrity of this document