Punjab-Haryana High Court
Gurcharan Singh @ Charna vs State Of Punjab on 4 December, 2023
Author: Suvir Sehgal
Bench: Suvir Sehgal
2023: PHHC:154634
CRM-M-48178-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
229 CRM-M-48178-2023
Date of decision:04.12.2023
GURCHARAN SINGH @ CHARNA .- PETITIONER
VERSUS
STATE OF PUNJAB ... RESPONDENT
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Imaan Singh Khara, Advocate
for the petitioner.
Mr. Anup Singh, AAG, Punjab.
3K 2k 3
SUVIR SEHGAL J. (ORAL)
1. This is the 1" petition filed by the petitioner under Section 439
of Cr.P.C. for grant of regular bail in:-
FIR Dated Police Station Sections
No.
35 (23.02.2018 Sangat, District}15 and 25 of the NDPS
Bathinda Act, 1985
2. Version of the prosecution is that FIR, has been registered after a
truck was intercepted and recovery of 300 kg of poppy-husk was
effected. The truck was being driven by Gurcharan Singh @
Charna (present petitioner) and Mohd. Naseer @ Soni was the
cleaner, who were apprehended on the spot.
3. Counsel for the petitioner submits that although as per the
allegations levelled in the FIR, petitioner was driving the truck but
Sheetal
2023.12.05 17:32
| attest to the accuracy and
integrity of this document
Chandigarh
2023:PHHC:154634
the owner of the truck is one Sikander Singh, who has been
released on regular bail by order dated 29.08.2018 passed by this
Court in CRM-M-29926-2018. He submits that the petitioner was
not aware that the contraband had been loaded in the truck. It is
his assertion that the petitioner, who is in custody since
27.02.2018 and has a clean past, deserves to be enlarged on bail as
the trial is not likely to conclude in near future. Counsel has placed
reliance upon the judgments of the Supreme Court in Union of
India Versus K.A. Najeeb 2021(3) SCC 713, SLP (Crl) No.6690
of 2022 titled as Dheeraj Kumar Shukla Versus The State of
Uttar Pradesh, decided on 25.01.2023, SEP (Crl.) No.1166 of
2023 titled as Chet Ram @ Ram Veer Versus Union of India,
decided on 15.03.2023 and SEP (Crl.) No.4169 of 2023 titled as
Rabi Prakash Versus The State of Odisha, decided on
13.07.2023, to submit that bar of Section 37 of NDPS Act would
not be a hindrance to the release of the petitioner as the petitioner
is in custody for more than five and a half years.
4. Per contra, State counsel upon instructions from ASI Gurtej Singh
has opposed the petition and submitted that as the petitioner was
travelling in the vehicle, he cannot absolve himself from the
liability. He further submits that 07 out of 19 prosecution
witnesses have been examined and 08 have been given up. He has
filed custody certificate dated 03.12.2023, which is taken on
record.
Sheetal
2023.12.05 17:32
| attest to the accuracy and
integrity of this document
Chandigarh
Sheetal
2023.12.05 17:32
| attest to the accuracy and
integrity of this document
Chandigarh
2023: PHHC:154634
I have heard counsel for the parties and considered their respective
submissions.
Petitioner is in confinement for the last more than 69 months.
Prosecution evidence is half way. Petitioner enjoys clean
antecedents and there is a remote possibility of an early conclusion
of the trial. This Court is, therefore, of the view that the case
would fall within the parameters of the judgments of the Supreme
Court relied upon by the counsel for the petitioner.
Without adverting to the merits or de-merits of the arguments
addressed, petition is allowed. Petitioner is ordered to be released
on bail on furnishing bail/surety bonds to the satisfaction of the
Trial Court/Duty Magistrate concerned.
It is clarified that any observation made hereinabove shall not be
construed to be an expression of opinion on the merits of the case.
04.12.2023 (SUVIR SEHGAL)
sheetal
JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
