Punjab-Haryana High Court

Naib Singh @ Bobby vs State Of Punjab on 2 August, 2023

                                                     Neutral Citation No:=2023:PHHC:098931




                                                             2023:PHHC:098931


CRM-M-36499-2023 (O & M)                                                           ::1::-


     (243) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                                  CRM-M-36499-2023 (O & M)
                                                    Date of Decision: 02.08.2023

Naib Singh @ Bobby

                                                                         ... Petitioner

                                         Versus
State of Punjab
                                                                        ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:     Mr. P.S. Sekhon, Advocate
             for the petitioner.

             Mr. Harkanwar Jeet Singh, AAG, Punjab.

                   ****
JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 439 Cr.P.C is for

the grant of regular bail to the petitioner in case bearing FIR No.167 dated

23.12.2021 under Section 22 of the NDPS Act registered at Police Station

City Dhuri, District Sangrur.

2. The brief facts of the case are that while the police party was on

patrolling duty, a young man was seen sitting on the left side of the road. He

was apprehended on suspicion as he was holding a transparent polythene bag

in his right hand in which loose tablets of pink and white colour were clearly

visible. The said person disclosed his name as Naib Singh @ Bobby

(petitioner). A search of the polythene bag revealed loose white and pink

colour tablets, which on counting, came to be 2400 loose intoxicant tablets of

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white colour containing the salt Diphenoxylate Hydrochloride and 700 loose

intoxicant tablets of pink colour containing the salt Alprazolam.

3. The learned counsel for the petitioner contends that he has been

falsely implicated in the present case. The mandatory provisions of Sections

42 and 50 of the NDPS Act have not been complied with in their proper

perspective. No independent witness was joined at the time of search and

seizure. As he was a first-time offender, in custody since 23.12.2021 and only

02 out of the 10 prosecution witnesses had been examined, the trial of the

present case was not likely to be concluded anytime soon and therefore, he

was entitled to the concession of bail in view of the judgment of the Hon'ble

Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of

West Bengal, SLP (Crl.) Nos.5769/2022 arising out of judgment and order

dated 04.05.2022 in CRM(NDPS) No.442/2022, decided on 01.08.2022 and

Hasanujjaman & others Versus The State of West Bengal, SLP (Crl.) No.

(s).3221/2023 arising out of impugned final judgment and order dated

29.11.2022 in CRM(NDPS) No.1323/2022, decided on 04.05.2023.

4. On the other hand, the learned State counsel contends that

commercial quantity of contraband has been recovered from the petitioner.

Therefore, in view of the bar contained under Section 37 of the NDPS Act,

the petitioner was not entitled to the grant of bail. He, however, concedes that

the petitioner was a first time offender, in custody since 23.12.2021 and only

02 out of the 10 prosecution witnesses had been examined so far.

5. I have heard the learned counsel for the parties.

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6. The Hon'ble Supreme Court in the case of Nitish Adhikary @

Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided on

01.08.2022 held as under:-

"As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf.

The petitioner seeks enlargement on bail in F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS 2 Act, registered at Police Station Bongaon, West Bengal.

During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.

Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.

The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.

The Special Leave Petition is disposed of on the aforestated terms.

Pending application(s), if any, shall stand disposed of."

7. In Hasanujjaman & others Versus The State of West Bengal,

SLP (Crl.) No.(s).3221/2023, decided on 04.05.2023, held as under:-

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"1. There are three petitioners in this Special Leave Petition, who were accused of committing an offence under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `NDPS Act') in FIR No.18/2022, dated 09.01.2022, registered at Police Station Islampur, District Murshidabad, West Bengal.

2. The allegations are that when the police party intercepted the petitioners along with another person riding on two motorcycles, they were found in possession of codeine phosphate in a consignment of phensedyl bottles loaded in two nylon bags. During the search, 115 bottles (100 ml. each) of phensedyl were recovered from the joint possession of the petitioners. They were arrested on the spot and have been in custody for more than one year and four months.

3. We have heard learned counsel for the parties and carefully perused the record.

4. The investigation is complete; chargesheet has been filed, though the charges are yet to be framed. The conclusion of trial will, thus, take some reasonable time, regardless of the direction issued by the High Court to conclude the same within one year from the date of framing of charges. The petitioners do not have any criminal antecedents. There is, thus, substantial compliance of Section 37 of the NDPS Act.

5. In such circumstances, but without expressing any views on the merits of the case, we deem it appropriate to release the petitioners on bail subject to the terms and conditions as may be imposed by the Trial Court.

6. Additionally, it is clarified that in case the petitioners are found involved in any other case under the NDPS Act or other penal law, it shall amount to misuse of the concession of bail granted to them today, and in such a case, necessary consequences shall follow.

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7. The petitioners are further directed to appear before the Trial Court regularly. In the event of they being absent, it shall again be taken as a misuse of concession of bail.

8. The Special Leave Petition stands disposed of in the above terms.

9. As a result, pending interlocutory application also stands disposed of.

(emphasis supplied)

8. In the instant case, the petitioner is stated to be in custody since

23.12.2021 and only 02 out of the 10 prosecution witnesses have been

examined so far. He is also a first-time offender with no other case registered

against him. In this situation, the rigors of Section 37 of the NDPS Act can be

diluted to an extent in view of the salutary provisions of Article 21 of the

Constitution of India which provides for the right to a speedy trial and the

case of the petitioner can be considered for the grant of bail.

9. Thus without commenting on the merits of the case, the present

petition is allowed and the petitioner-Naib Singh @ Bobby is ordered to be

released on bail subject to her furnishing bail bonds and surety bonds to the

satisfaction of learned CJM/Duty Magistrate, concerned.

10. The petitioner shall appear before the police station concerned on

the first Monday of every month till the conclusion of the trial and inform in

writing each time that he is not involved in any other crime other than the

present case.

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

an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial Court.

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