Punjab-Haryana High Court
Bhoop Singh vs State Of Haryana on 16 December, 2023
Neutral Citation No:=2023:PHHC:161755
218 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Neutral Citation No. 2023:PHHC:161755
CRM-M-50552-2023
Date of Decision: December 16, 2023
Bhoop Singh ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Sumit Sangwan, Advocate for the petitioner.
Mr. Randhir Singh, Addl. A.G., Haryana.
DEEPAK GUPTA, J.(Oral)
Reply by way of affidavit of Shri Sajjan Singh, Deputy
Superintendent of Police, Law & Order, alongwith custody certificate has
been filed on behalf of respondent-State.
2. By way of present petition filed under Section 439 Cr.P.C.,
prayer is made for grant of regular bail in case FIR No.200 dated
25.06.2021, under Section 22 C of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short 'the NDPS Act') (Section 27A of NDPS
Act added later on), registered at Police Station Adampur, District Hisar.
3. As per prosecution allegations, 20800 intoxicant tablets
containing salt of tramadol hydrochloride were recovered from the
possession of the petitioner on 25.06.2021.
4. Learned counsel for the petitioner contends that the petitioner
is in custody for the last more than 02 years and 05 months. It is further
contended that after filing of the challan on 18.08.2021, charges were
framed on 30.09.2022, but not even a single witness has been examined.
Later on, supplementary challan was filed qua co-accused and then fresh
charges were framed on 15.09.2023, but not even a single witness has
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been examined so far. Learned counsel for the petitioner contends further
that the petitioner has been falsely implicated and that he has no criminal
antecedent.
5. Learned State counsel could not refute the aforesaid
contentions to the effect that petitioner is in custody for the more than 02
years and 05 months and not even a single witness has been examined so
far. However, learned State counsel has opposed the petition by pointing
out the fact that the recovered quantity falls in the commercial category
and that there is bar under Section 37 of the NDPS Act to allow bail in
such circumstances.
6. Heard. It is conceded by learned State counsel on the basis of
custody certificate placed on record that the petitioner is in custody for
the last 02 years, 05 months and 20 days in this case and he has no other
criminal case pending against him. It is also disclosed in the status report
that after framing of the charges on 15.09.2023, not even a single witness
has been examined for far.
7. No doubt that alleged recovery of contraband from the
petitioner is of commercial category, but at the same time, Court cannot
ignore the custody period of the petitioner, which is more than 02 years
and 05 months. The custody certificate further reveals that petitioner is
not involved in any other case pertaining to the NDPS Act.
8. In "Union of India v. K.A. Najeeb", (2021) 3 SCC 713, it
has been observed by Hon'ble Supreme Court that it has been clarified in
numerous judgments that the liberty guaranteed by Part III of the
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Constitution would cover within its protective ambit not only due
procedure and fairness but also access to justice and a speedy trial.
9. Besides, in a decision rendered by Hon'ble Supreme Court in
Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, Special
Leave to Appeal (Crl.) No.5530 of 2022, decided on 22.08.2022, appellant
had spent about 2 years in custody and trial was likely to take time. The
case of the prosecution was that recovery of commercial quantity of
contraband was effected from the appellant. However, considering the
custody period, Hon'ble Supreme Court was pleased to grant regular bail.
In Chitta Biswas @ Subhas Vs. The State of West Bengal,
Criminal Appeal No.245/2020, decided on 07.02.2020, Hon'ble Supreme
Court was pleased to grant concession of bail to the appellant in a case
where the custody period was 1 year and 7 months approximately despite
the fact that recovery was of commercial quantity.
In yet another case titled Gopal Krishna Patra @ Gopalrusma
Vs. Union of India, Criminal Appeal No.1169 of 2022, decided on
05.08.2022, the custody period of the appellant therein was approximately
2 years and 1 month. Considering the length of custody, concession of
bail was granted.
In Nitish Adhikary @ Bapan Vs. The State of West Bengal,
Special Leave to Appeal (Crl.) No.5649/2022, decided on 01.08.2022, the
appellant therein was in custody for the last 1 year and 7 months in a case
involving recovery of commercial category of contraband. The bail was
granted by Hon'ble Supreme Court. In that case, Hon'ble Supreme Court
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also made reference of Section 37 of the NDPS Act, but the bail was
granted after considering the custody period.
10. In the present case also, as noticed earlier, custody period of
the petitioner is more than 02 years and 05 months. He has no criminal
antecedents. Trial may take time to conclude. In these facts and
circumstances and by considering the views taken by the Hon'ble
Supreme Court in various authorities referred above, this Court is of the
view that rigor of Section 37 of the NDPS Act is required to be balanced
with the right of speedy trial being a facet of fundamental right to life and
liberty as enshrined in Article 21 of the Constitution of India.
11. Having regard to all the above facts and circumstances, but
without commenting anything further on merits of the case, petition is
allowed. Petitioner is admitted to regular bail on his furnishing requisite
bail bonds and surety bonds to the satisfaction of the trial Court/Duty
Magistrate concerned, on usual terms and conditions.
Allowed.
December 16, 2023 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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