Punjab-Haryana High Court
Akash vs Union Of India on 5 December, 2022
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-4594-2020 (O&M)
Date of Decision: 5.12.2022
Akash ... Petitioner
Versus
Union of India ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Vipul Jindal, Advocate for the petitioner.
Ms. Puneeta Sethi, Standing Counsel
for the respondent/UOI.
*****
GURVINDER SINGH GILL, J.
1. The petitioner seeks grant of regular bail in respect of a case registered vide
NCB Crime No. 47, dated 24.9.2019, Police Station NCB Sub Zone, Amritsar
District Amritsar, under Sections 8, 21, 25, 27-A, 29, 60 of Narcotic Drugs
and Psychotropic Substances Act, 1985.
2. As per the case of prosecution on 24.9.2019 pursuant to receipt of secret
information, a team of NCB and STF, Amrtisar raided the house of Manjit
Singh situated at Prem Nagar, Meera Kot Chowk, Amritsar and recovered 5
grams of 'heroin' which he had kept concealed in a strip of black polythene in
his rectum. During the course of interrogation, he disclosed that he used to
procure 'heoin' from Sahil. Pursuant to receipt of said information, a raid
was conducted at the house of Sahil where one young person, upon noticing
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(2) CRM-M-4594-2020 (O&M)
the raiding party, tried to flee but was apprehended by the police. Said person
disclosed his name as Akash (brother of Sahil). The said person was carrying
a bag when he was apprehended which upon checking was found to contain
Indian currency of ` 47,000/- and 290 grams of 'heroin'.
3. The learned counsel for the petitioner submits that he has falsely been
implicated in the present case pursuant to a disclosure statement made by co-
accused Manjit and that apparently it is a case where the recovery had been
planted upon the accused and infact the name of the petitioner was not even
there in the disclosure statement of Manjit. The learned counsel has further
submitted that since the raiding party had information in the shape of
disclosure statement, the same was required to be sent to higher police
officers in terms of Section 42 of the Act and the same not having been sent
constitutes violation of the same and on account of which the petitioner
would be entitled to grant of bail. It has further been submitted that since the
trial is proceeding at snail's pace, the petitioner deserves to be released on
bail, having being in custody for the last more than 3 years.
4. Opposing the petition, the learned State counsel has submitted that since the
petitioner was caught red-handed at the spot while in possession of a
'commercial quantity' of contraband i.e. 290 grams of 'heroin', his
complicity is clearly evident. The learned State counsel has further submitted
that although it was pursuant to a disclosure statement made by co-accused
that the petitioner came to be nabbed by the raiding party but given the fact
that the petitioner was also in possession of contraband at the time of his
arrest, the case of the prosecution against him cannot be doubted. The
learned State counsel has, however, informed that the petitioner, as on date,
has been behind bars since the last about 3 years and 1 month and that as on
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(3) CRM-M-4594-2020 (O&M)
date 4 out of the cited 12 prosecution witnesses have been examined. It has
also been informed that the petitioner happens to be involved in two other
cases including one case under the NDPS Act.
5. This Court has considered the rival submissions.
6. Since the petitioner seeks grant of bail mainly on account of long custody, it
is apposite to refer to a few judgments of Hon'ble Supreme Court in this
regard wherein Hon'ble Supreme Court has granted the concession of bail
solely on ground of long custody :-
Case Number Date of Title of case Period which the
Decision accused had undergone
when granted bail by
Hon'ble Supreme Court.
Criminal 07.02.2020 Chitta Biswas @ Subhas Vs. 1 year and 7 months
Appeal No. the State of West Bengal
245/2020
Criminal 12.10.2020 Amit Singh Moni Vs. State of 2 years and 7 months
Appeal No. Himachal Pradesh
668/2020
Special Leave 01.08.2022 Nitish Adhikary @ Bapan Vs. 1 year and 7 months
to Appeal the State of West Bengal
(Crl.) No.
5769/2022
Special Leave 04.08.2022 Shariful Islam @ Sarif Vs. 1 year and 6 months
to Appeal the State of West Bengal
(Crl.) No.
4173 of 2022
Criminal 05.08.2022 Gopal Krishna Patra @ 2 years 1 month and 17
Appeal No. Gopalrusma Vs. Union of days
1169 of 2022 India
Special Leave 22.08.2022 Mohammad Salman Hanif About 2 years
to Appeal Shaikh Vs. the State of
(Crl.) No. Gujarat
5530-2022
Criminal 22.11.2022 Karnail Singh Vs. The State 1 Year and 8 months
Appeal No. of Odisha
2027-2022
Special Leave 25.11.2022 Karim Adaldar Vs. The State 10 months
to Appeal of West Bengal
(Crl.) No.
8653-2022
7. Keeping in view the totality of the facts and circumstances of the case,
particularly long custody of the petitioner and also that conclusion of trial is
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likely to consume time inasmuch as only 4 PWs out of the cited 12 PWs have
been examined so far, the petition merits acceptance and is hereby accepted.
8. The petition, as such, is allowed and the petitioner is ordered to be released
on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of
learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
9. It is, however, directed that in case the petitioner is found to be indulging in
similar offence again, the prosecution would be at liberty to move an
application for cancellation of bail before this Court. The prosecution is also
directed to take all necessary steps for ensuring presence of witnesses on the
dates, as fixed by the trial Court for recording their statements so that the trial
is concluded at the earliest.
5.12.2022 ( Gurvinder Singh Gill )
kamal Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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