Punjab-Haryana High Court
Lakhwinder Singh Alias Rinku vs State Of Punjab on 31 August, 2023
Neutral Citation No:=2023:PHHC:113990
CRM-34351-2023 in/and 2023:PHHC:113990
CRM-M-16628-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-34351-2023 in/and
CRM-M-16628-2023
Date of Decision: 31.08.2023
Lakhwinder Singh @ Rinku ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Kunal Choksi, Advocate, for
Mr. S.P.S.Khaira, Advocate, for the applicant/petitioner.
Mr. Inderpreet Singh Kang, AAG, Punjab.
FIR No. Dated Police Station Section/s
95 14.08.2020 P.S.STF Phase IV, Sections 21 & 29 of the
Mohali, District NDPS Act
SAS Nagar
GURVINDER SINGH GILL, J. (Oral)
CRM-34351-2023
In view of the reasons mentioned in the application, the same is allowed and the
hearing of the main petition is preponed from 19.01.2024 and the same is ordered
to be taken up on board for hearing today itself.
CRM-M-16628-2023
1. The petitioner seeks grant of regular bail in respect of aforementioned FIR.
2. As per the case of the prosecution, the petitioner and the co-accused Sanju Looma
were apprehended pursuant to receipt of a secret information. 530 grams of Heroin
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was recovered from the dash board of the Tata Nexa Car bearing No. PB-91G-
2879 which falls within the category of commercial quantity under the NDPS Act.
3. Learned counsel for the petitioner has submitted that the petitioner has falsely
been implicated in the present case. It has further been submitted that the petitioner
has been behind bars for a substantial period of more than 3 years and 15 days and
that since the trial is proceeding at snail's pace, the petitioner deserves the
concession of regular bail.
4. On the other hand, learned State counsel has submitted that since the petitioner
was caught red handed at the spot and commercial quantity of contraband was
recovered, he does not deserve the concession of bail. Learned State counsel has,
however, informed that the petitioner has been behind bars since the last about 3
years and 15 days. It has also been informed that till date only 2 PWs out of cited
15 PWs have been examined and that the petitioner also stands involved in 1 more
case under the NDPS Act.
5. This Court has considered rival submissions.
6. Since the petitioner seeks grant of bail mainly on account of long custody, 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 No. Date of Title of case Period which the
Decision accused had
undergone when
granted bail by
Hon'ble Supreme
Court
Criminal 07.02.2020 Chitta Biswas @ 1 year & 7 months
Appeal Subhas Vs. The
No.245/2020 State of West
Bengal
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Criminal 12.10.2020 Amit Singh Moni 2 years & 7 months
Appeal Vs. State of
No.668/2020 Himachal Pradesh
Special Leave 01.08.2022 Nitish Adhikary 1 year & 7 months
to Appeal @ Bapan Vs. The
(Criminal) State of West
No.5769/2022 Bengal
Special Leave 04.08.2022 Shariful Islam @ 1 year & 6 months
to Appeal Sarif Vs. The
(Criminal) State of West
No.4173/2022 Bengal
Criminal 05.08.2022 Gopal Krishna 2 years, 1 month &
Appeal Patra @ 17 days
No.1169/2022 Gopalrusma Vs.
Union of India
Special Leave 22.08.2022 Mohammad About 2 years
to Appeal Salman Hanif
(Criminal) Shaikh Vs. The
No.5530/2022 State of Gujarat
Criminal 22.11.2022 Karnail Singh Vs. 1 year & 8 months
Appeal The State of
No.2027-2022 Odisha
Special Leave 25.11.2022 Karim Adaldar 10 months
to Appeal Vs. The State of
(Criminal) West Bengal
No.8653-2022
7. Hon'ble Supreme Court in yet another judgment dated 25.01.2023 arising out of
SLP No.6690-2022 titled Dheeraj Kumar Shukla Vs. State of Uttar Pradesh has
granted bail in a case registered under the NDPS Act where the accused alongwith
co-accused was found in possession of 'commercial' quantity of Ganja and had
been behind bars since the last two and a half years while observing that in the
absence of any criminal antecedents, the conditions of Section 37 of the NDPS Act
could be dispensed with at that stage, particularly when there was delay in
conclusion of trial. Recently, the Hon'ble Supreme Court vide order dated
15.03.2023 passed in SLP(Criminal) No.1166/2023 titled 'Chet Ram @ Ram
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Veer Vs. Union of India' has also granted bail to the accused on account of long
custody, though he was also involved in another case under NDPS Act.
8. Keeping in view the totality of the facts and circumstances of the case particularly
the long custody of the petitioner i.e. about 3 years and 15 days and the fact that
only 2 PWs out of cited 15 PWs have been examined till date, the petition merits
acceptance and is hereby accepted.
9. The petition, as such, is allowed and the petitioner is ordered to be released on
regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned
trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
10. It is, however, directed that in case the petitioner is found to be indulging in
similar offence again, the prosecution would be at liberty to move an application
for cancellation of bail before this Court.
31.08.2023 (GURVINDER SINGH GILL)
dinesh JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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