Punjab-Haryana High Court

Jagdish Singh @ Deesha vs State Of Punjab on 15 December, 2023

Author: Pankaj Jain

Bench: Pankaj Jain

CRM-M No.61851 of 2023 (O&M) nh: 2023:PHHC:161229

214 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.61851 of 2023 (O&M)
Date of decision : 15.12.2023

Jagdish Singh @Deesha ------_la Petitioner
versus
StateofPunjab ae Respondent

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

REE

Present :- Mr. Ruhani Chadha, Advocate
for the petitioner.

Mr. J.S.Arora, DAG, Punjab.

ke

PANKAJ JAIN, J. (ORAL)

CRM-53078-2023

For the reasons recorded in the application, the same is allowed.

Document Annexure P-3 is taken on record.

CRM-M No.61851 of 2023 1 This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case F.I.R. No.3 dated 15.01.2022 registered under Section 21 of the NDPS Act, Section 29 NDPS Act added later on at Police Station Lakho Ke Behram, District Ferozepur.

2 As per the case of the prosecution Rajpreet Singh and Loveveer Singh @ Love were apprehended from the spot.

3 Counsel for the petitioner submits that two of the co-accused namely Rajpreet Singh and Loveveer Singh @ Love were apprehended from the spot and have been granted bail by this Court vide order

dated 04.08.2023 passed in CRM-M-47875-2022 observing as under:-

CRM-M No.61851 of 2023 (O&M) 2h 2023:PHHC:161229

"Present petitions have been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case bearing FIR No.03, dated 15.01.2022 registered under Section 21 of NDPS Act (later on added Section 29 of NDPS Act) at Police Station, Lakho Ke Behram, District Ferozepur.

2. As per the case of prosecution, on receiving the secret information regarding the petitioners indulging in sale of narcotic and psychotropic substances and going in car bearing no.DL3C-AK-08145 for supplying the same, barricading was raised. On seeing the police party the petitioners along with their accomplice threw two polythene bags from their pockets and tried to run. In the process, petitioners were apprehended and total 500 grams of heroin i.e. 250 grams from each of the petitioner was recovered.

3. Learned counsel for the petitioners submits that in fact the police is not sure of the story being put forth, in the reply filed by way of affidavit of Sh. Yadwinder Singh Bajwa, D.S.P., Sub Division, Guruharsahai, District Ferozepur, the specific case of the police is as under:-

"However, on seeing the police party, present petitioner Rajpreet

Singh, Loveveer Singh, Rajwinder Singh @ Happy have thrown the

polythene bags carried by them in their hands containing heroin

while coming from the car and they tried to fled away from the spot. However, with the efforts of police party, present petitioner and Loveveer Singh apprehended at the spot whereas two other persons succeeded in fleeing away from the spot. The polythene

bags lying on the earth were checked and from both the bags 250

grams heroin each i.e. In all 500 gram heroin was recovered. Thus

the present case u/s 21/61/85 of NDPS Act has been registered."

4. Whereas, in the report filed under Section 173(2) Cr.P.C the police is specifically claiming that there were four persons travelling in the car. Apart from that it has been contended that even if the allegations are taken to be on their face value, the investigating agencies are not sure as to who was in possession of the contraband in the pocket and threw the same. Petitioners are in custody since 15.1.2022. Investigation already stands concluded and challan stands presented. He submits that keeping in view the fact that contraband recovered was 250 grams each from the pockets of both the petitioners is just equivalent to the commercial quantity and the same may fall below the same in case human error in weighing and weight of polythene is factored in rigors of Section 37 of NDPS Act would not be attracted.

6. Per contra, learned State counsel submits that the petitioner Loveveer

CRM-M No.61851 of 2023 (O&M) 3: 2023:PHHC:161229

Singh has criminal antecedents and is facing two more prosecutions in FIR No.53 dated 24.5.2021 registered under sections 452, 323, 34 IPC at P.S. Kulgari and FIR No.64 dated 7.5.2020 registered under sections 307, 324, 341, 506, 148, 149 IPC at P.S. Kulgari. Likewise petitioner Rajpreet Singh is facing another prosecution under the N.D.P.S Act.

6. Faced with such situation, learned counsel for the petitioners rely upon the judicial precedent in case of Prabhakar Tiwari Vs. State of U.P and another, 2020(11) SCC 648 and Maulana Mohd. Amri Rashadi Vs. State of U.P., 2012(2) SCC 382 to contend that the fact of the petitioner being involved in the other cases cannot be a sole ground to decline the bail to the petitioner, the present petitions are allowed. Without commenting on the merits of the case, the petitioners are ordered to be released on regular bail on their furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :-

(i) The petitioners shall not misuse the liberty granted.

(ii) The petitioners shall not tamper with any evidence oral or documentary during the trial.

(iii) The petitioners shall not absent themselves on any date before the trial.

(iv) The petitioners shall not commit any offence similar to the one alleged in the present case.

(v) The petitioners shall deposit their passport, if any with the trial Court.

(vi) The petitioners shall give their cellphone numbers to the police authorities and shall not change their cell-phone numbers without permission of the trial Court.

(vii) The petitioners shall not in any manner try to delay the trial.

7. In case of breach of any of the aforesaid conditions and those which may be imposed by the Trial Court, the prosecution shall be at liberty to move cancellation of bail of the petitioner.

8. Ordered accordingly.

9. A photocopy of this order be placed on the connected case file."

4 Custody certificate has been filed. The same is taken on record.

5 Learned counsel for the petitioner submits that the petitioner has been nominated on the basis of disclosure made by co-accused i.e. the

aforesaid Rajpreet Singh and Loveveer Singh @ Love and would be on

CRM-M No.61851 of 2023 (O&M) :4:: 2023:PHHC:161229

better footing. The petitioner has been in custody since 28.09.2023 and has suffered incarceration for more than 2 months and 15 days. Further reliance is being placed upon order passed by Supreme Court in the case of Roji @ Dimpi Vs. The State of Punjab in Spl. Leave to Appeal (Cri.) No(s).8976 of 2023 while granting pre-arrest bail observing that apart from disclosure there was nothing incriminating against the said petitioner.

6 Learned State counsel on instructions from ASI Balbir Singh does not dispute the aforesaid fact. He, however, submits that the petitioner is a habitual offender and has 3 more cases registered against him.

7 Faced with the situation learned counsel for the petitioner submits that out of 3, in 2 FIRs i.e. FIR No.262 dated 05.12.2019 registered under Section 21 of the NDPS Act at P.S.Shahkot District Jalandhar and FIR No.231 dated 08.10.2022 registered under Sections 25/28/29/30 NDPS Act, Section 188 IPC at P.S. Sadar Ferozepur, District Ferozepur, petitioner is already on bail and so far as FIR No.163 dated 17.09.2023 registered under Sections 21/23 of the NDPS Act at P.S.Sadar, Ferozepur, District Ferozepur is concerned, the petitioner has already approached this Court and the matter is pending for 18.12.2023.

8 I have heard learned counsel for the parties and have gone through the records of the case.

9 Without commenting on the merits of the case and considering the incarceration suffered by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the

authenticity of this order/judgment.

CRM-M No.61851 of 2023 (O&M) 5 2023:PHHC:161229

following conditions :-

(i) The petitioner shall not mis-use the liberty granted.

(ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.

(tii) The petitioner shall not absent himself on any date before the trial.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall deposit his passport, if any with the trial Court.

(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cell-phone number without permission of the trial Court.