Punjab-Haryana High Court
Pankaj vs State Of Haryana on 25 January, 2023
210 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-22080-2021 (O&M)
Date of decision: 25.01.2023
Pankaj ...........Petitioner
versus
State of Haryana .......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Ms. Jasneet Mehra, Advocate
for the petitioner.
Ms. Gaganpreet Kaur, AAG, Haryana.
NAMIT KUMAR, J.
CRM-24100-2021
Dismissed as not pressed.
CRM-24958-2022
This petition has been filed under Section 482 Cr.P.C. to place
on record the FSL report.
In view of the averments made in the application, the same is
allowed and FSL report is taken on record.
CRM stands disposed off.
CRM-M-22080-2021
This petition has been filed under Section 439 Cr.P.C. seeking
regular bail in a case bearing FIR No.0439 dated 19.12.2020 under Sections
22 (c)/61 of the NDPS Act and Sections 18(A)/18(C)/27/28 of the Drugs &
Cosmetics Act, 1940 registered at Police Station Saran, District Faridabad.
The case of the prosecution is that on 19.12.2020, when
Inspector Jagmal Singh along with other police officials were present on
Jawahar Colony, they received a secret information that Pankaj (the present
petitioner) and Rinkesh are likely to come along with psychotropic
injections, on motorcycle bearing registration No. HR-51-BN-2310 and
would go towards Sanjay Colony. On the basis of secret information,
notice under Section 42 of NDPS Act sent to SHO, Police Station Saran,
Faridabad, specific observation were made on the Culvert. After some time
1 of 4
CRM-M-22080-2021 (O&M) -2-
both the persons came on a motorcycle who after seeing the police party
tried to ran away, but they were over powered. The driver of the
motorcycle disclose his name as Rinkesh s/o Sh. Ashok Kumar, R/o H.No.
1865, Gali No.40, Sanjay Colony, P.S. Mujessar, Faridabad and the pillion
rider disclose his name as Pankaj s/o Sh. Dheeraj, R/o H.No.11530, Gali
No.44, Sanjay Colony, P.S. Mujessar, Faridabad. Notice under Section 50
of NDPS Act was given to them, whereupon they desire for their search be
carried out in presence of Gazetted Officer. Whereupon Tehsildar,
Bdakhal, Faridabad intimated, who came and their personal search was
carried out in his presence. After checking, 15 injections of Leegesic
Buprenorphine (2 ml) each, 10 injections BI Norphine Buprenorphine IP (2
ml) each and 14 injections Avil Pheniramine Maleate Injection IP (10 ml)
each were recovered, which were duly sealed. Samples were separated and
both the accused could not produce the license and permit. Therefore, they
were arrested in the case. On the basis of their tehrir, the subject FIR under
Section 22C-61-85 of NDPS Act and 18C/27/18A/28 of Drugs and
Cosmetics Act was lodged.
Learned counsel for the petitioner contends that the petitioner
has been falsely implicated in the present case. He is in custody since
19.12.2020; investigation is complete; challan has been presented; charges
have been framed; out of 13 witnesses 05 have been examined and the trial
case at the stage of prosecution evidence and no other case is pending
against the petitioner.
Per contra, the learned State counsel opposed the contentions
made by learned counsel for the petitioner and submitted that since the
quantity is commercial in nature, therefore, the petitioner is not entitled for
grant of regular bail. However, he could not refute the fact that the
petitioner is in custody since 19.12.2020 and out of total 13 witnesses 05
have been examined and the trial is likely to take considerable time to
conclude.
I have heard learned counsel for the parties and perused the
record.
In view of the custody period undergone by the petitioner, it is
apposite to refer to a few judgments of Hon'ble Supreme Court in this
regard wherein Hon'ble Supreme Court has granted the concession of bail
solely on ground of long custody :-
2 of 4
CRM-M-22080-2021 (O&M) -3-
Case Number Date of Title of case Period which the accused had
Decision undergone when granted bail by
Hon'ble Supreme Court
Criminal 07.02.2020 Chitta Biswas @ 1 year and 7 months
Appeal Subhas Vs. the
No.245/2020 State of West
Bengal
Criminal 12.10.2020 Amit Singh Moni 2 years and 7 months
Appeal Vs. State of
No.668/2020 Himachal Pradesh
Special Leave 10.11.2021 Kulwant Singh More than 2 years
to Appeal Vs. The State of
(Crl.) Punjab
No.5187 of
Special Leave 01.08.2022 Nitish Adhikary 1 year and 7 months
to Appeal @ Bapan Vs. the
(Crl.) State of West
No.5769/2022 Bengal
Special Leave 04.08.2022 Shariful Islam @ 1 year and 6 months
to Appeal Sarif Vs. the State
(Crl.) of West Bengal
No.4173 of
Criminal 05.08.2022 Gopal Krishna 2 years 1 month and 17 days
Appeal Patra @
No.1169 of Gopalrusma Vs.
2022 Union of India
Special Leave 22.08.2022 Mohammad About 2 years
to Appeal Salman Hanif
(Crl.) Shaikh Vs. the
No.5530-2022 State of Gurjarat
Special Leave 31.10.2022 Shahjad Vs. The About 2 years
to Appeal State of Uttar
(Crl.) Pradesh
No.7840 of
The Supreme Court in 'Satender Antil Vs. Central Bureau of
Investigation & another' AIR 2022 SC 3386 has in the case of commercial
quantity enlarged the accused on regular bail keeping in view the long
custody period.
Keeping in view the period of incarceration, investigation is
complete; challan has been presented; charges have been framed; out of 13
witnesses 05 have been examined and the likelihood of trial being
prolonged, the present petition is allowed. Culpability, if any, would be
determined at the time of trial. No useful purpose shall be served by further
detention of the accused/petitioner.
3 of 4
CRM-M-22080-2021 (O&M) -4-
Thus, without commenting upon the merits of the case, the
petitioner is ordered to be released on regular bail during trial on his
furnishing bail bonds/surety bonds to the satisfaction of Illaqa
Magistrate/Trial Court.
The present petition stands disposed off accordingly.
(NAMIT KUMAR)
25.01.2023 JUDGE
Neha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
4 of 4
