JUDGEMENT
VIKAS BAHL,J. -
(1.)Prayer in the present petition is for grant of anticipatory bail to the petitioner in FIR No.345 dtd. 2/5/2022 registered under Sec. 61 of the Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020) at Police Station City Sirsa.
(2.)Learned counsel for the petitioner has submitted that in the present case, the alleged recovery has been effected from the co-accused namely Biru @ Sonu. It is further submitted that the liquor which has been recovered is not illicit liquor and even the place from where the recovery has been effected does not belong to the petitioner and the petitioner has been implicated solely on the basis of disclosure statement of Biru @ Sonu from whom, the recovery has been effected.
(3.)Learned counsel for the petitioner has relied upon the judgment passed by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, reported as 2021(1) RCR (Criminal) 1, an order passed by Coordinate Bench of this Court dtd. 17/6/2020 in CRM-M-120512020 titled 'Mewa Singh Vs. State of Punjab', and an order of another Coordinate Bench dtd. 16/7/2021 passed in CRM-M-12997-2020 titled as 'Daljit Singh Vs. State of Haryana' to contend that in such like cases if a person has only been proceeded against on the basis of disclosure statement of co-accused and no recovery has been effected from the petitioner, then he should be granted the benefit of anticipatory bail as the statement made by co-accused before the police is inadmissible in evidence.
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