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Judgment
22 paragraphs · 369 wordsSanjay Vashisth, J
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
Name & age of Petitioner
FIR No
Date
Section(s)
Police Station
District
Nishan Singh, aged about 28 years
174
02.09.2024
21/21(C)/29 of NDPS Act
City Tarn Taran
Tarn Taran
As per the allegations, on 02.09.2024, petitioner's co-accused Mangaljit Singh @ Manga along with his co-accused Lovejit Singh @ Labhu were intercepted, and from their possession, 270 grams of Heroin was recovered from the left pocket of the jeans worn by accused Mangaljit Singh @ Manga.
During the course of investigation and after registration of the FIR, on the basis of disclosure statement of the arrested accused, petitioner was also involved in the present case along with one more accused namely, Harpreet Singh @ Peeta on 05.09.2024.
Counsel for the petitioner submits that name of the present petitioner has surfaced in the case, solely on the basis of a disclosure statement made by the co-accused.
Further submits that petitioner has been falsely implicated in the present case. Apart from the disclosure statement of the co-accused, no independent or substantive evidence has been collected by the prosecution to establish the petitioner's involvement in the present case.
Lastly, it is contended that petitioner is ready and willing to join the investigation and to fully cooperate with the investigating agency. Thus, counsel prays for grant of concession of anticipatory bail to the petitioner in the present case.
Notice of motion.
On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent - State, and produces copy of the order dated 08.01.2026 passed by learned Additional Chief Judicial Magistrate, Tarn Taran, whereby petitioner was declared proclaimed person, and submits that petitioner is not entitled for any kind of relief of bail in the present case.
In view of the above, this Court does not find any subtantial reason to extend the concession of anticipatory bail to the petitioner in the present case. Hence, present petition is dismissed.