- (1.) Petitioner-Jasbir Singh alias Jassa Singh son of Chanan Singh, has preferred the instant petition for the grant of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.82 dated 26.11.2013, on accusation of having committed an offence punishable under Section 21 of, The Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter to be referred as "the NDPS Act"), by the police of Police Station Sarai Amanat Khan, District Amritsar City.
(2.) After hearing the learned counsel for the petitioner, going through the record with his valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context.
(3.) Ex facie, the arguments of the learned counsel that the petitioner has been falsely implicated in this case and since, he was not apprehended at the spot by the police, so, he is entitled to the concession of pre-arrest bail, are neither tenable nor the observations of the Hon'ble Apex Court in cases Sarija Banu(A) Janarthani alias Janani and another Versus State through Inspector of Police, 2004 12 SCC 266, Union of India Versus Bal Mukund and others, 2009 12 SCC 161, State of Rajasthan Versus Parmanand and another, 2014 2 RCR(Cri) 40, and Haricharan Kurmi Versus State of Bihar, 1964 AIR(SC) 1184, are at all applicable to the facts of the present case, at this stage, wherein while deciding the appeal, it was observed that each accused must be individually informed that he has a right to be searched before a nearest Gazetted Officer or before a Magistrate. That the confession of a coaccused cannot be treated as substantive evidence and can be pressed into service only when the Court is inclined to accept other evidence and feels the necessity of seeking for an assurance in support of its conclusion deducible from the said evidence.;