Kulwinder Singh vs State Of Haryana

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

This is a petition seeking anticipatory bail in FIR No. 198 dated 30.11.2020, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act,

1985 (for short, 'the Act'), registered at Police Station Baragudha, District Sirsa.

It is stated in the FIR that during routine patrolling, the police party saw Jasbir Singh alias Jassi riding motor cycle bearing registration No. PB31-F-

7359. On seeing the police party, he suddenly tried to turn back the motor cycle. He was apprehended, on checking 6.03 grams of heroin was

recovered. A disclosure statement was made by the accused that the recovered heroin belongs to him as well as the petitioner and the same was

purchased from Kaka.

Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot; no recovery was made from him and his name

surfaced only in the disclosure statement which has no evidentiary value. He further submits that the petitioner is not involved in any other case under

the Act.

Learned counsel for the State vehemently opposes the prayer for grant of anticipatory bail.

Considering that recovery is not from the petitioner; even the recovery is of non-commercial quantity and the name of the petitioner came only in the

disclosure statement, the petitioner is granted anticipatory bail subject to his joining investigation within two weeks. In the event of arrest, the petitioner

shall be released on bail subject to his furnishing adequate bail bonds to the satisfaction of Investigating/ Arresting Officer. He is directed to join the

investigation as and when called. He shall be bound by the conditions under Section 438(2) Cr.P.C.

The petition stands disposed of.

It is clarified that in case of failure of the petitioner to join the investigation within the stipulated time, the State would be at liberty to file an application

for re-calling the order.