Punjab-Haryana High Court

Karamjeet Kaur Alias Nikki vs State Of Punjab on 4 August, 2023

                                                    Neutral Citation No:=2023:PHHC:100619




                                                            2023:PHHC:100619


CRM-M-36974-2023 (O & M)                                                          ::1::-


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

                                                 CRM-M-36974-2023 (O & M)
                                                   Date of Decision: 04.08.2023

Karamjeet Kaur @ Nikki

                                                                        ... Petitioner

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

            Mr. Gurlal Singh Dhillon, AAG, Punjab.

                   ****
JASJIT SINGH BEDI, J.

The prayer in this third petition under Section 439 Cr.P.C is for

the grant of regular bail to the petitioner in case bearing FIR No.26 dated

29.01.2021 under Sections 15, 22 and 29 of the NDPS Act, 1985 at Police

Station City Samana, District Patiala.

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

patrolling duty, a Verna car bearing No.DL 1 CZ 0301 was seen coming from

Samana side. It was signalled to stop but the driver of the car drove away the

same towards Patiala. A lady was seen sitting on the front seat. The said car

was chased and during the course of the said chase, the Verna car met with an

accident. The driver was apprehended and disclosed his name as Sarvan

Singh @ Sarwan Singh (since granted bail vide order dated 03.08.2023

passed in CRM-M-36728-2023) and the lady sitting on the front seat

1 of 6

Neutral Citation No:=2023:PHHC:100619

2023:PHHC:100619

CRM-M-36974-2023 (O & M) ::2::-

disclosed her name as Karamjeet Kaur @ Nikki (petitioner). The search of

the car led to the recovery of 710 intoxicating tablets and 200 kgs. of poppy

husk.

3. The learned counsel for the petitioner contends that the petitioner

had been falsely implicated in the present case. There was violation of

mandatory provisions of the Act regarding search and seizure including

Sections 42 and 50. As the petitioner was a first-time offender, in custody

since 29.01.2021 and only 06 out of the 12 prosecution witnesses had been

examined so far, the trial of the present case was not likely to be concluded

anytime soon and therefore, she was entitled to the concession of bail in view

of the judgment of the Hon'ble Supreme Court in the case of 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, moreso, when her

co-accused, namely, Sarwan Singh had been granted the similar concession

vide order dated 03.08.2023.

4. The learned counsel for the State, on the other hand, contends

that a commercial quantity of contraband has been recovered from the

petitioner. Therefore, she was not entitled to the concession of bail. He,

however, concedes that the petitioner was a first-time offender, in custody

since 29.01.2021, only 06 out of the 12 prosecution witnesses had been

2 of 6

Neutral Citation No:=2023:PHHC:100619

2023:PHHC:100619

CRM-M-36974-2023 (O & M) ::3::-

examined so far and a co-accused of the petitioner, namely, Sarwan Singh had

been granted the concession of regular bail vide order dated 03.08.2023.

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

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.

3 of 6

Neutral Citation No:=2023:PHHC:100619

2023:PHHC:100619

CRM-M-36974-2023 (O & M) ::4::-

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:-

"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.

4 of 6

Neutral Citation No:=2023:PHHC:100619

2023:PHHC:100619

CRM-M-36974-2023 (O & M) ::5::-

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.

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.