Punjab-Haryana High Court
Sandeep Singh @ Seepa vs State Of Punjab on 26 April, 2023
Neutral Citation No:=2023:PHHC:059587
CRM-M-27281-2021 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
****
207
CRM-M-27281-2021
Decided on : April 26, 2023
SANDEEP SINGH @ SEEPA
...... Petitioner
Versus
STATE OF PUNJAB
...... Respondent
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Rajat Dogra, Advocate
for the petitioner.
Mr. Adhiraj Singh, AAG, Punjab
****
NAMIT KUMAR, J. (Oral)
1. The present petition has been filed under Section 439 of Cr.P.C. for
grant of regular bail to the petitioner in case F.I.R. No.57 dated 12.04.2021, under
Section 22 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985,
registered at Police Station Talwandi Sabo , District Bathinda.
2. In compliance to the order dated 24.01.2023 of this Court, status
report by way of affidavit dated 24.04.2023 of Mr. Butta Singh, PPS, Deputy
Superintendent of Police, Sub-Division Talwandi Sabo, District Bathinda, on
behalf of the respondent/State of Punjab alongwith custody certificate have been
filed by the learned State counsel in Court today and the same are taken on record
and copies thereof have been supplied to learned counsel for the petitioner.
3. Brief facts of the case are that on 12.04.2021, ASI Gobind Singh
No.598/BTI, then posted as Incharge Police Post Singo, Police Station Talwandi
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Sabo, District Bathinda along with police party was present on the check post
installed on the road starting from Village Natheha leading to village Surtia, near
Border of Punjab and Haryana and checking of suspicious persons and vehicles
was in progress, then at about 04:30 P.M. one red colour motorcycle driven by a
youngster with cut hairs, in a high speed came from the side of village Surtia and
one black colour polythene was seen visible tied around the left side of the handle
of the motorcycle. Signal was passed to the driver of the motorcycle to stop, who
on seeing the police party standing in front of him, got perplexed and tried to turn
back his motorcycle but due to slip of the motorcycle, rider of the motorcycle
along with the motorcycle fell down. When the police party reached near to him,
they saw that the plastic polythene tied around the motorcycle tattered and the
intoxicating tablet strips scattered on the road. However, the police party could
not join any independent witness in the police proceedings as nobody met at the
spot, despite efforts. After apprehending the driver of the motorcycle, his identity
was enquired, on which, driver of the motorcycle disclosed his name as Sandeep
Singh @ Seepa (petitioner). On checking and counting the scattered intoxicating
tablets strips its number came to 39 strips, each strip consisting of 10 tablets, total
390 intoxicating tablets, make TRIDOL-100, B. No. T 496 MFG. 12/2020 EXP.
11/2022. Thereafter all of the intoxicating tablets strips i.e. 39 strips along with
the plastic polythene were reduced into sealed parcel with the seal of the
investigating officer bearing seal impression "GS". Thereafter, both the above
mentioned motorcycle having Engine No. HA11EA89K51621 & Chassis No.
MBLHA11EE89L0311 and then the sealed parcel containing intoxicating strips
recovered above were taken into police possession vide memo of recovery and all
other formalities were complied with on the spot. As the petitioner failed to
present any valid license or bill to keep or carry the above recovered intoxicating
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tablets, as such, on the basis of the ruqa sent by the investigating officer, present
case FIR No.57, Dated 12.04.2021, Under Section 22(B)/61/85 NDPS Act was
registered against the Petitioner, at Police Station Talwandi Sabo, District
Bathinda.
4. Learned counsel for the petitioner submits that the petitioner has been
falsely implicated in the present case and is in custody since 16.04.2021;
investigation in the present case is complete; Challan has been presented; charges
have been framed and out of total 14 witnesses none has been examined and the
case is now fixed before the trial Court on 24.05.2023 at the stage of recording
prosecution witnesses. He submits that the trial may take a considerable time to
conclude, therefore, no fruitful purpose would be served by detaining the
petitioner behind bars and he may be released on bail.
5. Per contra, learned State counsel opposes the prayer for grant of
regular bail to the petitioner and while referring to para no.4 of the status report
submits that as per the Forensic Report dated 20.05.2021, the salt content in
above recovered intoxicating tablets make 'TRIDOL - 100' Tramadol
Hydrochloride) tablets was found to be Tramadol Hydrochloride and average
weight of each tablet was found to be 665.99 mg /Tablet, which comes to total
weight of 259.7361 grams falling under the commercial quantity. He further
submits that the petitioner had earlier also remained involved in case FIR No.07,
dated 27.01.2016, under Section 379 IPC (Section 411 IPC added later on),
registered at Police Station Qudan (Haryana). However, he could not dispute the
fact that custody of the petitioner is 02 years and 08 days; the investigation in the
present case is complete; Challan has been presented; charges have been framed
and the case is at the stage of recording evidence of the prosecution and is likely
to take considerable time as none of the witness has been examined yet.
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6. I have heard learned counsel for the parties and perused the record.
7. In view of the custody period undergone by the petitioner, 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 Decision Title of case Period which the
accused had
undergone when
granted bail by
Hon'ble Supreme
Court
Criminal Appeal 07.02.2020 Chitta Biswas @ 1 year and 7
No.245/2020 Subhas Vs. the months
State of West
Bengal
Criminal Appeal 12.10.2020 Amit Singh Moni 2 years and 7
No.668/2020 Vs. State of months
Himachal Pradesh
Special Leave to 10.11.2021 Kulwant Singh Vs. More than 2 years
Appeal (Crl.) The State of
No.5187 of 2021 Punjab
Special Leave to 01.08.2022 Nitish Adhikary @ 1 year and 7
Appeal (Crl.) Bapan Vs. the months
No.5769/2022 State of West
Bengal
Special Leave to 04.08.2022 Shariful Islam @ 1 year and 6
Appeal (Crl.) Sarif Vs. the State months
No.4173 of 2022 of West Bengal
Criminal Appeal 05.08.2022 Gopal Krishna 2 years 1 month
No.1169 of 2022 Patra @ and 17 days
Gopalrusma Vs.
Union of India
Special Leave to 22.08.2022 Mohammad About 2 years
Appeal (Crl.) Salman Hanif
No.5530-2022 Shaikh Vs. the
State of Gurjarat
Special Leave to 31.10.2022 Shahjad Vs. The About 2 years
Appeal (Crl.) State of Uttar
No.7840 of 2022 Pradesh
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8. Keeping in view the custody of the petitioner, which is 02 years 08
days; investigation is complete; challan has been presented; charges have been
framed and out of 14 prosecution witnesses none has been examined and trial is
likely to take a considerable time, however, without commenting upon the merits
of the case, the petitioner is ordered to be released on regular bail during trial on
his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial
Court. However, in addition to conditions that may be imposed by the trial
Court/Duty Magistrate concerned, the petitioner shall remain bound by the
following conditions: -
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence oral or
documentary during the trial.
(iii) The petitioner shall not absent himself on any date before the
trial.
(iv) The petitioner shall not commit any offence similar to the one
alleged in the present case.
(v) The petitioner shall deposit his passport, if any with the trial
Court.
(vi) The petitioner shall give his cellphone number to the police
authorities and shall not change his cell-phone number without
permission of the trial Court.
(vii) The petitioner shall not in any manner try to delay the trial.
9. In case of breach of any of the aforesaid conditions and those which
may be imposed by the trial Court, the prosecution shall be at liberty to move an
application for cancellation of bail of the petitioner.
10. The petition stands disposed of accordingly.
April 26, 2023 (NAMIT KUMAR)
mkkoundal JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:059587
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