Sandeep @ Dilli Wala vs State Of Haryana
2023 Latest Caselaw 11638 P&H

               CRM-M-45688-2022 (O&M)                                                            -1-


               205
                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH
                                                  ****

                                                                     CRM-M-45688-2022 (O&M)
                                                                     Date of Decision: 2nd August, 2023

               Sandeep @ Dilli Wala                                                        ....Petitioner




                                                               Versus




               State of Haryana                                                          ...Respondent


               CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

               Present :                 Mr. Navkiran Singh, Advocate
                                         for the petitioner.

                                         Mr. Ram Kumar Singla, DAG, Haryana.

                                                     ****

               HARSH BUNGER, J.

Petitioner (Sandeep @ Dilli Wala) has filed the instant petition

under Section 439 of the Code of Criminal Procedure seeking grant of

regular bail in case FIR No.136, dated 08.06.2022, registered under Sections

22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985,

at Police Station Rajound, District Kaithal.

2. Reply by way of affidavit of Sajjan Kumar, HPS, Deputy

Superintendent of Police, Kalayat has been filed on behalf of

respondent/State of Haryana, which is already on record.

3. Custody certificate dated 07.05.2023 of the petitioner has been

filed by learned State counsel in the Court, which is already on record. HIMANI GUPTA 2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -2-

4. Briefly, the aforesaid case FIR has been registered on the basis

of ruqa sent by ASI Manjit Singh, wherein it was stated that on 08.06.2022,

he along with the other police officials reached at Haryana Punjab Dhaba

Family Restaurant near Kithana side main Jind-Kaithal Road on official

vehicle bearing No.HR-64-0088 (Mark Tavera) for checking and prevention

of crime relating to Narcotic Substances, then at that time a person was seen

coming on foot from the side of village Kithana, who signaled the police

party to stop and the said person gave information that Mandeep s/o Suresh

Kumar, who was having a chemist shop in village Pega sells intoxicant

tablets to drug addicts and that now Mandeep is about to go from village

Kithana towards Kaithal on his motorcycle bearing No.HR-83-A-6901

(Make Platina, color black) by carrying black bagpack full of intoxicant

tablets in order to sell the same to its buyers. He stated that in case

barricades are laid then, Mandeep can be caught with intoxicant tablets.

Finding the information reliable, a ruqa was prepared and the same was sent

to the Police Station for registration of the FIR. Thereafter, the barricading

was done in front of Haryana Punjab Dhaba Family Restaurant at Jind-

Kaithal road. After sometime, one person on a motorcycle was seen coming

from the side of village Kithana and the secret informer after identifying the

said person from a distance of 100 meters left the spot and when the said

motorcycle reached near the police party, he was signaled to stop, however,

he tried to turn back but was apprehended by the police party. Upon inquiry,

he disclosed his name as Mandeep @ Monu s/o Suresh Kumar and the

registration number of his motorcycle was HR-83-A-6901. After following

the procedure and making the apprehended person aware of his legal rights

regarding search, Mandeep expressed his desire to be searched by a Gazetted

HIMANI GUPTA Officer, accordingly, Rajbir Mahant-ETO, Kaithal was telephonically called 2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -3-

at the spot, who reached there at about 08:20 P.M. in his official vehicle and

the entire circumstances were disclosed to Rajbir Mahant-ETO. Thereafter,

the aforesaid ETO introduced himself to the apprehended person and he was

made aware of his legal rights regarding search and during the search of

bagpack of the accused-Mandeep, it was found to contain five boxes of

white colour containing tablets on which Tramadol Prolonged Release

Tablets IP (100mg) Tramatrust SR 100 and 16 boxes of yellow colour

containing tablets, on which Alprazolam Tablets IP 0.5 mg ALPRASAFE 0.5

mg, were written. Thereafter, ASI Manjeet Singh checked all the boxes of

Tramadol Prolonged Release Tablets IP (100mg) and in all the five boxes

total 2500 tablets i.e. 50 strips in each box and 10 tablets in one strip, were

found. On all the boxes and strips batch No.PL07EW15 MFG.DATE

10/2021, expiry date 09.2023, MRP Rs.215.60 for 10 TABS, inclusive of all

taxes, manufactured by Akums Drugs Pharmaceuticals Ltd., at Plot No.26A,

27-30 Sector-8A, IIE, Sidcul Ranipur, Haridwar, 249 403, Uttrakhand was

written. Thereafter ASI Manjeet Singh checked by opening boxes of

Alprazolam Tablets IP 0.5 mg Alprasafe 0.5 tablets, in which total 9600

tablets i.e. 60 strips and every strip of 10 tablets were found. On all the

boxes and strips batch No.PCCAA911 MFG. Date 03/2022, expiry date

02.2025 MRP Rs.24.76 for 10 tablets, inclusive of all taxes manufactured by

Pure Cure Healthcare Pvt. Ltd. (A subsidiary of Akums Drugs

Pharmaceuticals Ltd.) Plot No.26A, 27-30 Sector-8A, IIE, Sidcul Ranipur,

Haridwar, 249 403, Uttrakhand was written. When the accused was asked to

produce any license or permit with regard to the said medicines he disclosed

that he had no such permit or license. Thereafter, personal search of the

accused along with motorcycle was conducted but the search did not lead to

HIMANI GUPTA any further recovery. The aforesaid recovery of tablets/drugs was intimated 2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -4-

to Rajnish Dhaniwal, Drug Control Officer and on his asking, photographs

of the drugs were sent to his mobile phone and he informed ASI Manjit

Singh that the drugs were prohibited and illegal as per the Narcotic Drugs

and Psychotropic Substances Act. Thereafter, parcel was prepared of the

recovered drugs which came out to be 9600 tablets weighing 1 Kg. 152

grams, accordingly the case was registered and the accused was arrested.

5. As per the reply filed by the State of Haryana, on 09.06.2022,

during interrogation, the aforesaid Mandeep suffered a disclosure statement,

wherein he admitted the commission of the crime and further got arrested

Sandeep @ Dilli Wala (petitioner) from village Kichhana. It is stated that

during investigation, Sandeep @ Dilli Wala (petitioner) made a statement

admitting his complicity in the offence.

6. The petitioner approached the Court of learned Special Judge

(NDPS Act), Kaithal, seeking regular bail; however, the same was rejected

vide order dated 16.09.2022 (Annexure P-6). Accordingly, the present

petition has been filed by the petitioner before this Court under Section 439

Cr.P.C. seeking regular bail.

7. Learned counsel for the petitioner submits that the petitioner is

a Kabaddi player, a social activist and also an agriculturist by profession and

he has been falsely implicated in the present case due to his social activism

regarding ban of liquor, etc. It is submitted that the petitioner is not named in

the FIR and the petitioner was arrested on 09.06.2022 on the basis of

confessional statement of co-accused Mandeep, which is not admissible in

the evidence. Learned counsel further submits that no recovery has been

effected from the petitioner and apart from the alleged confessional

statement made by the co-accused, there is no other evidence available on

HIMANI GUPTA the record to connect the petitioner with the alleged crime. Learned counsel 2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -5-

for the petitioner states that investigation in this case is complete qua the

petitioner; challan has been presented; charges have been framed on

12.01.2023 and thus, the trial is likely to take long time and no useful

purpose would be served by keeping the petitioner behind the bars. It is

stated that the petitioner is not involved in any other case under the Narcotic

Drugs and Psychotropic Substances Act. Learned counsel further submits

that the petitioner herein is ready to abide by all the conditions as may be

imposed by this Court or by the trial Court, accordingly prayer for grant of

regular bail is made.

8. Per contra, learned State counsel opposes the plea of petitioner

for grant of regular bail on the ground of seriousness and gravity of the

offence. Learned State counsel submits that as per the Forensic Science

Laboratory Report, the drugs recovered in the instant case falls in the

category of commercial quantity, thus, the bar under Section 37 of the

Narcotic Drugs and Psychotropic Substances Act is attracted. It is submitted

that the petitioner does not have clean antecedents as he is involved in

another case bearing FIR No.100 dated 13.07.2018, under Sections 370/506

of the Indian Penal Code and Section 4 of POCSO Act, at Police Station

Rajound. Learned State counsel has referred to para 7 of reply filed by State,

which reads as under:

"That the role of petitioner is that he had sold total 930 grams of Tramadol Prolonged Release Tablets IP (100mg) Tramatrust SR 100 tablets and 1 Kg. 152 grams of Alprazolam Tablets IP 0.5 mg ALPRASAFE 0.5 mg to main accused Mandeep @ Monu for total consideration of Rs.26,450/- and accused Mandeep was apprehended with 930 grams of Tramadol Prolonged Release Tablets IP (100mg) Tramatrust SR 100 tablets and 1 Kg. 152 grams of Alprazolam Tablets IP 0.5

HIMANI GUPTA mg ALPRASAFE 0.5 mg, which is commercial quantity.

2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -6-

Sandeep (Petitioner) is a drug-peddler. During investigation Rs.6500/- were found transferred by accused Mandeep in bank account No.50100479572736 which is in the name of wife of Sandeep (Petitioner) which shows his involvement in the crime. From which in pursuance of his disclosure statement he got recovered Rs.1200/- vide recovery memo 10.06.2022."

Learned State counsel submits that since the allegations leveled

against the petitioner are serious in nature, accordingly there is strong

apprehension that if the petitioner is released on bail then he may tamper

evidence by threatening or influencing the prosecution witnesses or may

abscond and flee from justice which may delay the trial; accordingly, prayer

for dismissal of the petition has been made.

9. Learned counsel for the petitioner, in rebuttal, has relied upon

the judgment of Hon'ble Supreme Court in Maulana Mohd. Amir Rashadi

v. State of U.P. and another, 2012(2) SCC 382 to contend that the facts and

circumstances of the present case are to be seen while deciding a bail

application and the bail application of the petitioner cannot be rejected solely

on the ground that the petitioner is involved in one other case. The relevant

portion of the said judgment is reproduced herein below :-

"As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc."

10. I have heard learned counsel for the parties and perused the

paper book, reply as well as the custody certificate of the petitioner filed by

learned State counsel.

11. In this case, concededly the drugs were allegedly recovered HIMANI GUPTA 2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -7-

from co-accused Mandeep, who is stated to have suffered disclosure

statement, wherein he had named the present petitioner also as an accused.

As per the State's reply, role of the petitioner is stated that he had sold total

930 grams of Tramadol Prolonged Release Tablets IP (100mg), Tramatrust

SR 100 tablets and 1 Kg 152 grams of Alprazolam Tablets IP 0.5 mg

Alprasafe 0.5 mg to the main accused for a total consideration of Rs.26,450/-

and during investigation Rs.6500/- were found to be transferred by accused

Mandeep in the bank account of the wife of petitioner. Concededly, no

recovery has been effected from the petitioner. The genuineness and veracity

of the disclosure statement of the co-accused Mandeep and also the effect

and connection of the petitioner with the allegedly recovered drugs on the

basis of the amount of Rs.6,500/- stated to be transferred by main accused-

Mandeep into the bank account of wife of the petitioner would be a

debatable issue during the course of the trial. The petitioner was arrested on

09.06.2022 and has already undergone custody of 10 months 28 days (as on

07.05.2023). As per the custody certificate, there is no other case FIR under

the Narcotic Drugs and Psychotropic Substances Act against the petitioner. It

is not disputed by the learned State counsel that investigation in this case is

complete, challan stands presented and even the charges have been framed,

thus, the trial is likely to take long time.

12. So far as the apprehension expressed by learned State counsel

that the witnesses could be influenced by petitioner, suffice it to state that in

the event of any such conduct, the prosecution can always approach the

competent court for cancellation of bail. Accordingly, it is observed that the

State / Prosecuting Agency / State police shall be at liberty to observe the

behaviour of the petitioner during bail period, and in case it feels that the

HIMANI GUPTA petitioner is indulging in influencing any of the witnesses or tampering with 2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -8-

the prosecution evidence in any manner or otherwise causing interference

with the progress of trial, it shall be open for the State / Prosecuting

Agency / State police to move the trial Court for cancellation of bail, which

shall be decided by the trial Court on merits.

13. In the facts of the present case and on an assessment of

material on record, I am of the prima facie view at this stage that the

petitioner may not have committed the alleged offence. Further,

considering the fact that the petitioner is not involved in any other case

under the Narcotic Drugs and Psychotropic Substances Act, there is

nothing on record to suggest that he is likely to commit an offence under

the Narcotic Drugs and Psychotropic Substances Act, while on bail.

14. In view of the above, the present petition under Section 439

Cr.P.C. seeking grant of regular bail to the petitioner (Sandeep @ Dilli Wala)

in case FIR No.136, dated 08.06.2022, registered under Sections 22(c) and

29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police

Station Rajound, District Kaithal; is allowed and the petitioner is ordered to

be released on regular bail subject to his furnishing bail/surety bonds to the

satisfaction of the Illaqa Magistrate/Duty Magistrate / trial Court concerned.

15. However, before release, the concerned Station House Officer

be informed and the petitioner shall inform the concerned Station House

Officer about his address at which he intends to reside during the pendency

of the case and any change in the address shall be communicated to the

concerned Station House Officer, forthwith. The petitioner would furnish his

telephone number to the concerned Station House Officer and would keep

his mobile location on. The petitioner would also furnish his telephone

number to the concerned Station House Officer. Petitioner shall appear

HIMANI GUPTA before the police station concerned on first Monday of every month till the 2023.08.04 13:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CRM-M-45688-2022 (O&M) -9-

conclusion of trial in this case and every time inform in writing that he is not

involved in any other crime other than the case(s) mentioned in the present

order.

16. In addition, the petitioner (or anyone on his behalf) shall

prepare an FDR in the sum of Rs.50,000/- and deposit the same with the trial

Court. The same would be liable to be forfeited as per law, in case of

absence of the petitioner from trial without sufficient cause.

17. Nothing expressed here-in-above shall be construed to be an

observation on merits of the case and the facts and circumstances recorded

above are only for consideration of the prayer for bail at this stage.

18. The petition is accordingly disposed of.

19. Pending application/s, if any, shall also stand disposed of.

                                                                                (HARSH BUNGER)
                                                                                    JUDGE
               2nd August, 2023
               Himani

                                         Whether speaking/reasoned:             Yes/No
                                         Whether reportable:                    Yes/No




HIMANI GUPTA
2023.08.04 13:35
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh