Punjab-Haryana High Court

Narinder Singh @ Ninder @ Narinderjit ... vs State Of Punjab on 4 December, 2023

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                    Neutral Citation No:=2023:PHHC:154028




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CRM-M-59921-2023 (O & M)                                                          ::1::-


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


                                                 CRM-M-59921-2023 (O & M)
                                                   Date of Decision: 04.12.2023

Narinder Singh @ Ninder @ Narinderjit Singh

                                                                        ... Petitioner

                                        Versus
State of Punjab
                                                                       ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:    Mr. Sukhcharan Singh Gill, Advocate,
            for the petitioner.

            Ms. Ramta K Chaudhary, DAG, Punjab.

                   ****
JASJIT SINGH BEDI, J.

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

grant of regular bail to the petitioner in case bearing FIR No.197 dated

16.11.2021 under Sections 22(C) of the NDPS Act registered at Police Station

Kotwali, District Bathinda (Annexure P-1).

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

patrolling duty, a white coloured Amaze car bearing No.PB-11CW-6448

pointing towards the Bus Stand was found parked and a young man was seen

doing something in the rear trunk of the car. On seeing the police party, he

closed the trunk and sat on the driver seat. The car was stopped on suspicion.

Four young men were seen sitting in the car. The young man sitting on the

driver seat disclosed his name as Kulvir Singh, the man sitting on the

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conductor seat disclosed his name as Sahibjot Singh @ Sabi (since granted

bail vide order dated 08.11.2023 passed in CRM-M-48315-2022), the man

sitting behind the driver seat disclosed his name as Narinder Singh @ Ninder

(petitioner) and the man sitting behind the conductor seat disclosed his name

as Varinder Singh @ Robin.

Based on the said information, the FIR came to be registered and

the recovery of 100 vials of OMEREX was effected from the boot of the car

contained in a while coloured plastic bag.

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

had been falsely implicated in the present case. The mandatory provisions of

Sections 42 and 50 of the NDPS Act had 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 16.11.2021 and

only 06 out of the 15 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

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04.05.2023, moreso, when his co-accused, namely, Sahibjot Singh Sabi had

been granted the similar concession.

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. She, however, concedes

that the petitioner was a first time offender, in custody since 16.11.2021, only

06 of the 15 prosecution witnesses had been examined so far and that the

co-accused/Sahibjot Singh Sabi had been granted the concession of bail.

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

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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 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.




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CRM-M-59921-2023 (O & M)                                                          ::5::-

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

16.11.2021 and only 06 out of the 15 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

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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, moreso, when his

co-accused, namely, Sahibjot Singh Sabi has been granted the similar

concession.

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

petition is allowed and the petitioner-Narinder Singh @ Ninder @ Narinderjit

Singh is ordered to be released on bail subject to his 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.