Punjab-Haryana High Court
Nirmal Singh vs State Of Punjab on 1 June, 2023
2023:PHHC:080594
CRM-M-11474-2022 -1-
205-2
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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CRM-M-11474-2022
Date of Decision: 01.06.2023
Nirmal Singh ..... Petitioner
Versus
State of Punjab ..... Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present: Mr. Parminder Singh Sekhon, Advocate
for the petitioner.
Mr. M.S. Tiwana, AAG, Punjab.
*****
HARSH BUNGER J. (ORAL)
Prayer in the present petition, filed under Section 439 of the
Code of Criminal Procedure, is for grant of regular bail to the petitioner in
case FIR No.72 dated 04.10.2021, under Sections 22 and 29 of the Narcotic
Drugs and Psychotropic Substances Act, 1985, at Police Station Sherpur,
District Sangrur.
2. Custody certificate dated 31.05.2023 of the petitioner has been
filed by learned State counsel in Court today, which is taken on record,
subject to all just exceptions.
3. Brief facts of this case are that on 04.10.2021, when Sub
Inspector Lakhbir Singh along with the police party was on patrolling duty
HIMANI GUPTA
2023.06.03 20:07
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High Court, Chandigarh
2023:PHHC:080594
at Sherpur-Bhagwanpura Road, meanwhile, a secret information was
received that one Paramjit Singh s/o Sukhdev Singh and Nirmal Singh s/o
Gajjan Singh are indulged in selling intoxicant tablets and if raid is
conducted then Paramjit Singh and Nirmal Singh can be apprehended along
with intoxicating tablets. Finding the information reliable, ruqa was sent for
registration of FIR. As per information, picket was laid down and both
Paramjit Singh and Nirmal Singh were apprehended as per procedure and
upon carrying out search, 200 strips each strip containing 10 tablets of
Celcidal 100SR, 290 strips each strip containing 10 tablets i.e. total 2900
tablets of Radol-100SR and 60 strips, each strip containing 10 tablets i.e.
total 600 tablets of Tramatrust SR-100 were recovered. On all the strips
Tramadol Hydrochloride is mentioned which were recovered from them.
4. Learned counsel for the petitioner submits that the present case
FIR was registered on the basis of secret information. It is submitted that as
per the Forensic Science Laboratory (FSL) Report, the quantity of the
alleged recovered contraband from the petitioner comes out to be 229.2
grams and since the alleged recovered contraband falls under the category of
non-commercial quantity, accordingly the bar under Section 37 of the
Narcotic Drugs and Psychotropic Substances Act is not attracted. It is stated
that the petitioner has been in custody since 04.10.2021 and he is not
involved in any other NDPS case. Learned counsel next submits that the bail
application moved by the petitioner for grant of regular bail has wrongly
been dismissed by learned Judge Special Court, Sangrur, vide its order dated
28.12.2021 (Annexure P-2). It is further submitted that the trial would take
some time and the petitioner is ready to abide by all the conditions as may
HIMANI GUPTA
2023.06.03 20:07
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High Court, Chandigarh
2023:PHHC:080594
be imposed by this Court or by the trial Court; accordingly prayer for grant
of regular bail is made.
5. Learned State counsel opposes the plea of petitioner for grant of
regular bail on the ground of seriousness of the offence. However, it is not
disputed that the petitioner has been in custody for 01 year 07 months and 27
days (as on 31.05.2023). It is also not disputed that the alleged recovered
contraband falls under the category of non-commercial quantity and the
petitioner is not involved in any other NDPS case.
6. I have heard learned counsel for the parties and perused the
paper book as well as custody certificate filed by learned State counsel, in
Court today.
7. In the instant case, the petitioner has been in custody for
more than 01 year and 07 months (as on 31.05.2023). As per custody
certificate, there is no other case against the petitioner. The contraband
allegedly recovered from the petitioner does not fall in the category of
commercial quantity, hence the rigors of Section 37 of Narcotic Drugs
and Psychotropic Substances Act are not attracted. The trial is likely to
take long time to conclude and no useful purpose would be served by
keeping the petitioner behind the bars for indefinite period.
8. 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 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
HIMANI GUPTA
2023.06.03 20:07
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High Court, Chandigarh
2023:PHHC:080594
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,
during the pendency of the trial. He shall appear before the police station
concerned on the first Monday of every month till the conclusion of the trial.
9. In addition, the petitioner (or any one on his behalf) shall
prepare an FDR in the sum of Rs.50,000/- 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.
10. 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.
11. The petition is accordingly disposed of.
12. All pending application(s), if any, shall stand closed.
01.06.2023 (HARSH BUNGER)
Himani JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
HIMANI GUPTA
2023.06.03 20:07
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High Court, Chandigarh
