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Tofan Singh vs The State Of Tamil Nadu on 29 October, 2020

No.0140 dated 06.09.2023 registered under Sections 22 of NDPS Act and Section 25 of Arms Act, Section 29 NDPS Act (added later on) at Police Station Dhanaula, District Barnala. 2 As per the prosecution 4 persons namely Manpreet Singh, Kuldeep Singh, Harpreet Singh son of Nirmal Singh and Harpreet Singh son of Baldev Singh were apprehended on 06.09.2023 and were found to be in conscious possession of loose intoxicant tablets, 1050 nos., one country made pistol, 315 bore and two live cartridges, 8 MM K.F. and were booked in the present FIR. It has been further claimed that during interrogation the aforesaid culprits named one Inderjit Singh and Jagjit Singh, the present petitioner. On the basis of the disclosure made by them, the petitioner was nominated invoking Section 29 of the NDPS Act. 3 Learned counsel for the petitioner submits that in view of law laid down by Apex Court in the 2 of 5 ::: Downloaded on - 12-12-2023 04:18:37 ::: Neutral Citation No:=2023:PHHC:158212 CRM-M-61002-2023 3 2023:PHHC:158212 case of Tofan Singh Vs. State of Tamil Nadu, (2021) 4 SCC 1 such disclosure made by co- accused while in police custody alone can not yoke the petitioner to the present offence and apart from the said disclosure there being no other evidence against the petitioner, therefore, the petitioner would be entitled for grant of regular bail. 4 Learned State counsel on instructions from HC Ranjit Singh admits that apart from the disclosure made by co-accused, there is no other evidence as on date against the petitioner. 5 I have heard learned counsel for the parties and have gone through the records of the case. 6 Without commenting on the merits of the case and considering the incarceration suffered by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :-
Supreme Court of India Cites 360 - Cited by 1439 - R F Nariman - Full Document
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