Punjab-Haryana High Court
Jasvir Kaur vs State Of Punjab on 10 August, 2023
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM-M-37978-2023
Date of Decision:-10.08.2023
JASVIR KAUR
......Petitioner.
Vs.
STATE OF PUNJAB
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. G.S. Gill, Advocate for
Mr. P.S. Sekhon, Advocate
for the Petitioner.
Mr. Kirat Singh Sidhu, DAG, Punjab.
***
JASJIT SINGH BEDI, J.(ORAL)
The prayer in this petition under Section 439 Cr.PC is for the
grant of regular bail in case FIR No.37 dated 12.02.2019 under Section 22 of
the NDPS Act, 1985 at Police Station Lehra District Sangrur.
2. The brief facts of the case are that while the police party was on
patrolling duty, one woman carrying a transparent polythene bag in her right
hand was seen coming on foot. On seeing the police party, she got perplexed
and threw away the plastic bag held in her hand. She tried to turn back but
was apprehended. She disclosed her name as Jasvir Kaur (petitioner) wife of
Ajaib Singh. The plastic polythene bag which had got torn on being thrown
away contained scattered strips of tablets. The recovery of 1600 tablets of
Alprazolam was effected from the petitioner.
3. The learned counsel for the petitioner contends that the
petitioner has been falsely implicated in the present case. The mandatory
provisions of Sections 42 and 50 of the NDPS Act have not been complied
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with in their proper perspective. No independent witness was joined at the
time of search and seizure. As she was a first-time offender, in custody since
since the last one and half years and only 06 out of the 16 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 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 is a first time offender, in custody since the last one and
half years and only 06 out of the 16 prosecution witnesses had been
examined so far.
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
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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:-
"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
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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.
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
the last one and half years and only 06 out of the 16 prosecution witnesses
have been examined so far. She is also a first-time offender with no other
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case registered against her. 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-Jasvir Kaur wife of Ajaib Singh 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 she is not involved in any other crime other than
the present case.
11. In addition, the petitioner (or anyone on her behalf) shall
prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the
Trial Court. The same would be liable to be forfeited as per law in case of
the absence of the petitioner from trial without sufficient cause.
12. The petition stands disposed of.
( JASJIT SINGH BEDI )
JUDGE
10.08.2023
JITESH
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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