Punjab-Haryana High Court
Harvinder Singh vs State Of Haryana on 3 July, 2023
2023:PHHC:083016
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-29236-2023 (O&M)
Date of Decision:- 03.07.2023
Harvinder Singh ... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. D.S.Virk, Advocate, for the petitioner.
Mr. Sharad Aggarwal, DAG, Haryana.
*****
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in a case registered vide FIR
No.24, dated 22.2.2020, under Sections 15-A, 21-C, 22-C and
29/61/85 of NDPS Act, Police Station Guhla, District Kaithal.
2. The FIR in question was lodged on the basis of secret information
received by the police to the effect that Harvinder Singh sells 'poppy
husk' and in case a raid is conducted heavy quantity of 'poppy husk'
can be recovered from the store in the house of Harvinder Singh.
Upon receipt of said information, the police proceeded to the house of
Harvinder Singh and saw a boy coming out of the store who was
MOHAN SINGH
2023.07.03 17:16
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authenticity of this
order/judgment
CRM-M-29236-2023 (O&M) -2- 2023:PHHC:083016
carrying two green coloured polythene bags in his right hand and one
green coloured polythene bag in his left hand and who upon noticing
the police party threw away the said polythene bags and tried to run
away. However, the said boy was apprehended. Brown coloured
substance was noticed scattered on the floor from one of the
polythene bags which had been thrown by aforesaid Harvinder Singh.
The said substance was found to be 'poppy husk'. Upon checking
another polythene bag thrown by Harvinder Singh, the same was
found to contain 1110 tablets of 'Tramadol Hydrochloride' and 1390
tablets of 'Alprozolam'. The third polythene bag was also found to
contain 'poppy husk'. Upon enquiry, the boy who had been
apprehended disclosed his name as Harvinder Singh. When he was
asked about the contents of the two polythene bags which contained
brown coloured substance, Harvinder Singh disclosed that one
polythene bag contained 'poppy husk' and the other contained
intoxicant chemical powder. Upon weighment of 'poppy husk', the
same was found to weigh 800 grams. The intoxicant chemical powder
was found to weigh about 7 kilograms. The weight of 1110 tablets of
'Tramadol Hydrochloride' was found to be 440 grams and of 1390
tablets of 'Alprozolam' was found to be 165 grams.
3. Learned counsel for the petitioner has submitted that he has falsely
been implicated in the present case. It has been submitted that since
the petitioner has been behind bars for a substantial period of about 3
years and 4 months, he deserves to be released on bail.
4. On the other hand, learned State counsel has submitted that since the
petitioner along with co-accused was found in conscious possession
MOHAN SINGH
2023.07.03 17:16
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authenticity of this
order/judgment
CRM-M-29236-2023 (O&M) -3- 2023:PHHC:083016
of 'commercial quantity' of contraband, no case for grant of bail is
made out. However, learned State counsel informed that the
petitioner is not wanted in any other case. It has been further
informed that the petitioner, as on date, has been behind bars since the
last about 3 years and 4 months. Learned State counsel has further
informed that, in the present case, 6 out of cited 22 PWs have been
examined.
5. This Court has considered rival submissions.
6. Since the petitioner seeks grant of bail mainly on account of long
custody, 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:
Case Date of Title of Case Period which the
Number Decision accused had undergone
when granted bail by
Hon'ble Supreme Court.
Criminal 07.02.2020 Chitta Biswas @ 1 year and 7 months
Appeal No. Subhas Vs.
245/2020 the State of West
Bengal
Criminal 12.10.2020 Amit Singh Moni Vs. 2 years and 7 months
Appeal No. State of
668/2020 Himachal Pradesh
Special 01.08.2022 Nitish Adhikary @ 1 year and 7 months
Leave Bapan Vs.
to Appeal the State of West
(Crl.) No. Bengal
5769/2022
Special 04.08.2022 Shariful Islam @ Sarif 1 year and 6 months
Leave Vs.
to Appeal the State of West
(Crl.) No. Bengal
4173 of
Criminal 05.08.2022 Gopal Krishna Patra @ 2 years 1 month and 17
Appeal No. Gopalrusma Vs. Union days
1169 of of
2022 India
Special 22.08.2022 Mohammad Salman About 2 years
Leave Hanif
MOHAN SINGH
2023.07.03 17:16
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order/judgment
CRM-M-29236-2023 (O&M) -4- 2023:PHHC:083016
to Appeal Shaikh Vs. the State of
(Crl.) No. Gujarat
5530-2022
Criminal 22.11.2022 Karnail Singh Vs. The 1 Year and 8 months
Appeal No. State of Odisha
2027-2022
Special 25.11.2022 Karim Adaldar Vs. The 10 months
Leave to State of West Bengal
Appeal
(Crl.) No.
8653-2022
7. Hon'ble Supreme Court in yet another judgment dated 25.01.2023
arising out of SLP No.6690-2022 titled Dheeraj Kumar Shukla Vs.
State of Uttar Pradesh has granted bail in a case registered under the
NDPS Act where the accused alongwith co-accused was found in
possession of 'commercial' quantity of Ganja and had been behind
bars since the last two and a half years while observing that in the
absence of any criminal antecedents, the conditions of Section 37 of
the NDPS Act could be dispensed with at that stage, particularly when
there was delay in conclusion of trial.
8. Keeping in view the totality of the facts and circumstances of the case
particularly the long custody of the petitioner i.e more than 3 years
and 4 months and the fact that only 6 out of cited 22 PWs have been
examined so far, the petition merits acceptance and is hereby
accepted.
9. The petition, as such, is allowed and the petitioner is ordered to be
released on regular bail on his furnishing bail bonds/surety bonds to
the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty
Magistrate concerned.
MOHAN SINGH
2023.07.03 17:16
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authenticity of this
order/judgment
CRM-M-29236-2023 (O&M) -5- 2023:PHHC:083016
10. It is, however, directed that in case the petitioner is found to be
indulging in similar offence again, the prosecution would be at liberty
to move an application for cancellation of bail before this Court.
03.07.2023 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
MOHAN SINGH
2023.07.03 17:16
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authenticity of this
order/judgment
