Punjab-Haryana High Court
Pardeep Singh vs State Of Haryana on 17 April, 2023
Neutral Citation No:=2023:PHHC:053094
2023:PHHC:053094
CRM-M-811-2023 1
206
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-811-2023
DECIDED ON: 17.04.2023
PARDEEP SINGH .....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.
Present: Mr. J.S. Kang, Advocate for
Mr. K.P.S. Virk, Advocate for the petitioner.
Mr. Mohit Chaudhary, AAG, Punjab.
SANDEEP MOUDGIL, J (ORAL)
The instant petition has been filed by the petitioner under Section 439
Cr.P.C. seeking regular bail in FIR No.178 dated 05.06.2021 under Section 15 of
Narcotic Drugs and Psychotropic Substances Act, 1985 (Section 27-A, 29 NDPS
Act, 120-B, 201 of IPC added subsequently) registered at Police Station Sadar
Narwana, District Jind.
The contents of the FIR reproduced as under:-
"To the SHO PS Sadar Narwana, District Jind Jai Hind.
Today, on 05.06.2021, 1, ASI Neeraj Kumar no. 4/ Kurukshetra, HC Surendra
Kumar no. 414, HC Rajesh Kumar no. 355/ Kurukshetra, HC Gurmel Singh no.
689/ Kurukshetra Haryana State Narcotics Control Bureau Unit Ambala
riding in Government vehicle bearing registration no. HR 01 AR 0500
being driven by Ct. Surendra Singh No. 1472 am present on Kaithal
Hisar Road, near Police Station Sadar Narwana, in relation to
confidential work when secret informer gave information to I, ASI, that
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Pradeep Singh alias Thatta s/o Joginder Singh, resident of village
Chhisra, district Gurdaspur Punjab drives a truck bearing registration no.
RJ14 GJ 3077 and does illegal smuggling of poppy husk in his truck and
even today he was going to Punjab via Narwana via Jind from Rajasthan
side carrying a large quantity of poppy husk in his above mentioned truck
and at this time he is sleeping in the cabin of his truck by parking his truck
on the side near the overbridge Narvana on Jind Patran Road. If Pradeep
Singh is raided and searched after apprehending him and his truck, then
huge quantity of poppy husk can be recovered from his possession, which a
is a secret information of a reliable and respectable person. On which
Shri Sadhu Ram HPS DSP Narwana was sent through PS Sadar Narwana
by HC Gurmel Singh no. 689. That on the basis of secret information,
offence us 15 NDPS Act is nade out. On which constable Surendra Singh
1472 is being sent to PS Sadar Narwana for registration of FIR
against Pardeep Singh. After registration of FlR, FIR no. be informned and
the special report of the case be sent to the service of higher officials. Mr.
Kewal Singh Inspector / Incharge Haryana State Narcotics Control
Bureau Unit Ambala has been infornmed about sending another
investigating officer for further investigation in the present case. I,ASI,
am waiting for the arrival of alongwith accompanying colleagues,
another investigating officer, At PS Sadar Narwana Kaithal Hisar Raod
Neeraj ASI Haryana State Narcotics Control Bureau Unit Ambala. Date
05.06.2021 time 02.00 AM"
Learned counsel for the petitioner vehemently contends that the
petitioner has already suffered incarceration of 1 Year 10 Months and 03 days and
he is not involved in any other case urging that he is not a habitual offender.
Notice of motion.
On the asking of the Court, Mr. Ashok Shahrawat, DAG, Haryana
accepts notice and has filed custody certificate dated 17.04.2023, which is taken
on record. According to which, the petitioner has undergone 1 year 10 months and
03 days of actual custody. However he contends that the petitioner is the main
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accused who opened the seal of the drum and filled it with the poppy husk-
contraband measuring 740 Kgs which is involved in the instant FIR.
The case of the petitioner is that rest of the 05 accused out of 07 stand
released on anticipatory bail or regular bail by the High Court, including Ishwar
Ram, Champa Lal, Ravinder Singh, Kalu Ram Ahir and Amarjit Singh. Another
co-accused is still inside the judicial custody. It is also the case of the petitioner
that the instant FIR has been registered at the instance of ASI Neeraj Kumar,
alleged to be on patrolling duty and on the basis of secret information that the
truck carrying poppy husk-contraband, bearing No. RJ-14-GJ-3077 which was
coming from Rajasthan side, had apprehended the truck and thereafter recovery of
736 Kg 190 grams of poppy husk was effected from the said truck.
Learned counsel for the petitioner vehemently argued that the
petitioner is first-time offender and is in judicial custody since last 01 year 10
months and 03 days. The challan has been filed and the conclusion of the trial is
likely to take some time. Moreover, not even a single witness has been examined
so far, out of 36 witnesses. He has further placed reliance on a judgment rendered
by the Hon'ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu, (2021) 4
SCC 1 and State By (NCB) Bengaluru Vs. Pallulabid Ahmad Arimutta & Anr.
2022 Live Law (SC) 69. So much so, it will be a matter of trial that the petitioner
was actually involved as he was merely a driver of the truck owned by the
company.
It is, however, not in dispute that the recovery of contraband is
commercial in nature but no other incriminating substance has been put forth by
the learned State counsel during the course of submission today except the
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submission that the custody of the petitioner is 1 year 10 months and 03 days as
well as no witness has been examined so far out of total 36.
In view of the above and also taking into consideration the fact that
the trial is likely to take some time, therefore, no fruitful purpose will be served by
keeping the petitioner behind bars, the petitioner is not habitual offender, the
petitioner is not directly involved with the said Poppy husk, the petitioner is
directed to be released on regular bail on furnishing bail and surety bonds to the
satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.
The present petition is, therefore, allowed.
(SANDEEP MOUDGIL)
17.04.2023 JUDGE
sonia
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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