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Judgment
8 paragraphs · 274 wordsParmod Goyal, J
Petitioner is seeking anticipatory bail in FIR No.448 dated 17.12.2025 under Sections 21(b)/27-A/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police StationSadarFatehabad, District Fatehabad.
Admittedly, recovery of 5.40 grams heroin was effected from co-accused-Praveen Kumar alias Bindu who was granted bail by the Court of learned Chief Judicial Magistrate, Fatehabad. After recovery, during investigation, co-accused-Praveen Kumar alias Bindu suffered a disclosure statement disclosing name of present applicant, who had supplied heroin to him.
It is the case of the petitioner that exceptof alleged disclosure statement which is not admissible in evidence, no material evidence is available with investigating agency and petitioner is being falsely implicated.
Status report by way of affidavit of Jagdish Kumar, Deputy Superintendent of Police, Sadar Fatehabad & Traffic Fatehabad, has been filed.
From the status report, it is clearly made out that the sole material available with police is only the disclosure statement made by co-accused.Keeping in view the fact that recovery pertains to small amount of heroin and has not been made from present applicant.Also, the applicant has been named only by way of disclosure statement. No useful purpose would be served by arresting the applicant when main accused was not even remanded to police custody and was extended benefit of bailby the Court of learned Chief Judicial Magistrate.
In event of arrest, petitioner be released on bail on furnishing bail bonds in the sum of Rs.50,000/- with one surety of like amount to the satisfaction of IO/SHO/arresting Officer. Petitioner shall join the investigation forthwith and cooperate with the investigating agency.
Petition is disposed of accordingly.