Gurreet Singh Alias Gora vs State Of Punjab
2023 Latest Caselaw 1035 P&H

CRM-1930-2023 in/and
CRM-M-53274-2022                                                        -1-
215+104

      IN THE HIGH COURT OF PUNJAB & HARYANA
                  AT CHANDIGARH

                                       ****

CRM-1930-2023 in/and CRM-M-53274-2022 Date of Decision: 18.01.2023

Gurpreet Singh @ Gora ..... Petitioner Versus

State of Punjab ..... Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present: Mr. N.S. Sodhi, Advocate for the petitioner.

Mr. Subhash Godara, Additional A.G., Punjab for the respondent/State.

*****

HARSH BUNGER J. (ORAL)

CRM-1930-2023:

Present application is filed for adding offence under Section 29

of the Narcotic Drugs and Psychotropic Substances Act (subsequently added

vide DDR No.25 dated 19.09.2022) in the head note and prayer clause of

the main petition (CRM-M-53274-2022).

For the reasons mentioned in the application, offence under

Section 29 of the Narcotic Drugs and Psychotropic Substances Act

(subsequently added vide DDR No.25 dated 19.09.2022) is permitted to be

added in the head note and prayer clause of the main petition

(CRM-M-53274-2022).

Registry is directed to carry out necessary amendment in the

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CRM-1930-2023 in/and

head note and prayer clause of CRM-M-53274-2022.

Application is accordingly disposed of.

CRM-M-53274-2022:

Present petition is filed under Section 439 Cr.P.C. for grant of

regular bail to the petitioner in case bearing FIR No.234 dated 16.09.2022,

under Sections 21 and 29 of the Narcotic Drugs and Psychotropic

Substances Act (for short 'the NDPS Act'), registered at Police Station

Guruharsahai, District Ferozepur.

Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in the instant case due to the altercations

between the police officials and the petitioner and to substantiate the same,

Annexures P-3 to P-6 have been annexed with the present petition. It is

submitted that various provisions relating to search and seizure provided

under the NDPS Act have been violated. It is further submitted that alleged

recovery of 10 grams of heroin from the petitioner is a non-commercial

quantity and does not attract the rigors of Section 37 of the NDPS Act. It is

submitted that the petitioner has undergone three months and twenty eight

days of custody, as on 17.01.2023, however trial in the matter is not

proceeding as Forensic Science Laboratory Report is not yet received and

until receipt of the same, the fact that whether the alleged recovery from

petitioner falls within the ambit of Narcotics, would be a debatable issue.

Learned counsel for the petitioner further states that the petitioner was

falsely implicated in two more cases, being FIR No.5 dated 05.01.2021,

registered under Section 21 of the NDPS Act and FIR No.4 dated

05.01.2021, registered under Section 21(c) and 29 (added later on vide

Rapat No.21 dated 10.01.2021) of the NDPS Act, however he has already 2 of 5

CRM-1930-2023 in/and

been extended the concession of regular bail in the said cases, vide orders

dated 18.08.2021 and 14.10.2021, passed by a co-ordinate Bench of this

Court in CRM-M-22407-2021 and CRM-M-34865-2021, respectively.

Copies thereof, supplied by learned counsel for the petitioner in Court

today, are taken on record, subject to all just exceptions. Learned counsel

for the petitioner further places reliance upon the judgment rendered in

"Maulana Mohd. Amir Rashadi Vs. State of U.P. and another", 2012(2)

SCC-382, to contend that the facts and circumstances of the present case are

to be seen while deciding the bail application of petitioner, which cannot be

rejected on the ground that the petitioner is also involved in other NDPS

cases. Learned counsel further submits that the petitioner is ready to abide

by all the conditions as may be imposed by this Court or by the trial Court,

accordingly prayer for grant of regular bail is made.

Custody Certificate dated 17.01.2023 of the petitioner is filed

by learned State counsel in Court today, which is taken on record, subject to

all just exceptions.

Learned State counsel opposes the plea of petitioner for grant

of regular bail on the ground of seriousness of the offences. However,

learned State counsel does not dispute the fact that as per custody

certificate, the total custody of petitioner is three months and twenty eight

days, as on 17.01.2023. It is also conceded by learned State counsel that

concession of regular bail has already been granted to the petitioner by a

co-ordinate Bench of this Court, vide orders dated 18.08.2021 and

14.10.2021, passed in CRM-M-22407-2021 and CRM-M-34865-2021,

respectively.

I have heard learned counsel for the parties and perused the 3 of 5

CRM-1930-2023 in/and

paper book as well as the custody certificate of petitioner handed over by

learned State counsel, in Court today.

As per custody certificate dated 17.01.2023, the petitioner has

undergone three months and twenty eight days of custody. The alleged

recovery of 10 grams of heroin effected from the petitioner is non-

commercial in nature, and therefore, rigors of Section 37 of the NDPS Act

are not attracted in the present case. The trial is likely to take long time and

no useful purpose would be served by keeping the petitioner behind bars.

Moreover, petitioner has already been granted the concession of regular bail

in two other cases, registered under the NDPS Act, by a co-ordinate Bench

of this Court, vide orders dated 18.08.2021 and 14.10.2021, passed in

CRM-M-22407-2021 and CRM-M-34865-2021, respectively.

Keeping in view the aforementioned circumstances, the instant

petition is allowed and the petitioner is ordered to be released on regular

bail subject to his furnishing heavy bail/surety bonds to the satisfaction of

the trial Court/Illaqa Magistrate/Duty Magistrate concerned. However, the

concerned Station House Officer shall be informed about the release of

petitioner and the petitioner shall inform the concerned Station House

Officer about his address at which he intends to reside during the pendency

of case and any change in the address shall also be communicated to the

concerned Station House Officer, forthwith. The petitioner would also

furnish his telephone number to the concerned Station House Officer. He

would also furnish his undertaking to the effect that he will not indulge in

any illegal activity. The petitioner shall also appear before the concerned

Station House Officer on every alternate Monday till the conclusion of trial.

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CRM-1930-2023 in/and

Nothing expressed hereinabove shall be construed to be an

observation on merits of the case and the facts and circumstances recorded

above are only for consideration of the prayer for bail at this stage.

The petition is accordingly disposed of.

18.01.2023                                      (HARSH BUNGER)
Apurva                                              JUDGE


             1. Whether speaking/reasoned :           Yes/No

             2. Whether reportable             :      Yes/No




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