IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-16667 of 2011 (O&M) Date of decision: 07.06.2011 Harbans Singh alias Johny ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Baljit Puri, Advocate for the petitioner. Ms. Manjri Nehru Kaul, Addl. Advocate General, Punjab. **** 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking anticipatory bail in case FIR No.122 dated 09.09.2009 under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Raikot, District Ludhiana. Learned counsel for the petitioner states that no contraband was recovered from the person/possession of the petitioner. He has further stated that petitioner has been implicated in the present case on the basis of alleged disclosure statement of the other co-accused, namely, Harchand Singh. While relying on the judgment of the Apex Court in the case of Union of India Vs. Bal Mukund, JT2009 (5) SC 45, he has argued that no co-accused can Criminal Misc. No. M-16667 of 2011 (O&M) -2- … be convicted on the basis disclosure statement of the other co- accused. In the present matter, notice of motion was issued on 30.05.2011. Learned State counsel on instructions of ASI Harbans Singh, fairly states that the only evidence against the petitioner is disclosure statement of the co-accused. Considering totality of the facts and circumstances of the case and without expressing any opinion on the merits of the case, present petition is allowed and petitioner is directed to join the investigation within a week from today and after his joining the investigation, he may be released on bail by the Investigating Officer/Arresting Officer on furnishing personal bonds and one surety to its satisfaction. (ALOK SINGH) JUDGE 07.06.2011 neetu