Dharampal Singh Alias Dharma vs State Of Punjab
2023 Latest Caselaw 22364 P&H

Punjab-Haryana High Court

Dharampal Singh Alias Dharma vs State Of Punjab on 20 December, 2023

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

                                                        Neutral Citation No:=2023:PHHC:163783




                                                                    2023:PHHC:163783


CRM-M-63114-2023(O&M)                                                          -1-


223    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


                                                 CRM-M-63114-2023 (O&M)
                                            Date of Decision : December 20, 2023


Dharampal Singh alias Dharma                                        .....Petitioner
                                           Vs.
State of Punjab                                                     ...Respondent


CORAM:       HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:     Mr. Munish Gulati Advocate
             for the petitioner.

             Mr. Mohit Thakur AAG, Punjab.


JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 439 Cr.PC for

the grant of regular bail, in case FIR No.244 dated 02.10.2021 under

Sections 21/29/61/85 of the NDPS Act, 1985 registered at Police Station City

South Moga, District Moga.

2. The brief facts of the case are that the petitioner and his

co-accused Jugraj Singh @ Gaji came to be apprehended with 300 grams

of heroin.

3. The learned counsel for the petitioner contends that the

petitioner has been falsely implicated in the present case. The mandatory

provisions of Sections 42 and 50 of the NDPS Act have not been complied

with in their proper perspective. No independent witness was joined at the

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time of search and seizure. As he was a first-time offender, in custody since

02.10.2021 and 01 out of the 16 prosecution witnesses had been examined so

far, 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 04.05.2023.

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. He, however, concedes

that the petitioner was a first time offender, in custody since 02.10.2021 and

01 out of the 16 prosecution witnesses had been examined.

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

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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 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."

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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.

4. The investigation is complete; charge-sheet 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,

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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 02.10.2021 and 01 out of the 16 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 Constitution of India which provides for the right to a

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speedy trial and the case of the petitioner can be considered for the grant of

bail.

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

petition is allowed and the petitioner-Dharampal Singh @ Dharma son of

Gurcharan 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.

11. In addition, the petitioner (or anyone on his behalf) shall prepare

an FDR in the sum of Rs.1,00,000/- and deposit the same with the Trial

Court. The same would be liable to be forfeited as per law in case of the

absence of the petitioner from trial without sufficient cause.

12. The petition stands disposed of.

                                                   ( JASJIT SINGH BEDI )
December 20, 2023                                         JUDGE
satish




                    Whether speaking/reasoned : YES / NO
                    Whether reportable        : YES / NO

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