Punjab-Haryana High Court
Yadwinder Singh @ Laddi vs State Of Punjab on 20 November, 2023
Neutral Citation No:=2023:PHHC:147057
2023:PHHC:147057
CRM-M-52728-2022 -1-
215 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
I. CRM-M-52728-2022
Date of Decision : November 20, 2023
Yashwinder Singh @ Laddi
.....Petitioner
Vs.
State of Punjab
...Respondent
II. CRM-M-51427-2022
Bhupinder Singh @ Bhinda
.....Petitioner
Vs.
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. P.S. Sekhon, Advocate in CRM-M-51427-2022 and
Mr. Kulbhushan Raheja, Advocate in CRM-M-52728-2022
for the petitioner(s).
Ms. Ramta K. Chaudhary, AAG, Punjab.
JASJIT SINGH BEDI, J.
This order shall dispose of two petitions bearing Nos. CRM-M-
52778-2022 titled as 'Yadwinder Singh @ Laddi Vs. State of Punjab' and
CRM-M-51427-2022 titled as Bhupinder Singh @ Bhinda Vs. State of
Punjab. For the sake of convienance, the facts have been taken from CRM-
M-52427-2022 as the same has been arising out of the same FIR.
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2. The prayer in these petitions under Section 439 Cr.PC is for the
grant of regular bail in case FIR No.66 dated 18.5.2022 under Sections 15 of
the NDPS Act, 1985, registered at Police Station Moonak, District Sangrur.
3. The brief facts of the case are that secret information was
received that Yadwinder Singh @ Laddi (petitioner in CRM-M-52728-2022
and Bhupinder Singh @ Bhinda (petitioner in CRM-M-51427-2022) were
indulged in the business of selling of poppy husk and if a Nakabandi was
setup, they could be apprehended.
Based on the aforemention information, a Nanabandi was setup
and a Honda City Car (colour white), bearing registration No.PB-83-2567
was seeing coming and the same was stopped. The petitioners were
apprehended and the recovery of 92 kgs. of poppy husk came to be effected
from 04 bags lying in the car.
4. The learned counsel for the petitioners contend that the
petitioners have 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
time of search and seizure. As they were first-time offenders, in custody
since 18.5.2022 and none of the 17 prosecution witnesseses had been
examined so far, the trial of the present case was not likely to be concluded
anytime soon and therefore, they were 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
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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.
5. 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 petitioners were not entitled to the grant of bail. She, however, concedes
that the petitioners were a first time offenders, in custody since 18.5.2022
and none of the17 prosecution witnesses had been examined so far.
6. I have heard the learned counsel for the parties.
7. The Hon'ble Supreme Court in the case of Nitish Adhikary @
Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided 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
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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."
8. 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; chargesheet 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, 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
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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)
9. In the instant case, the petitioners are stated to be in custody
since 18.5.2022 and none of the 17 prosecution witnesses had been
examined so far. They are also first-time offenders with no other case
registered against them. 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
speedy trial and the case of the petitioners can be considered for the grant of
bail.
10. Thus, without commenting on the merits of the case, the present
petition(s) are allowed and the petitioners are ordered to be released on bail
subject to his furnishing bail bonds and surety bonds to the satisfaction of
learned CJM/Duty Magistrate, concerned.
11. The petitioners shall appear before the police station concerned
on the first Monday of every month till the conclusion of the trial and inform
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in writing each time that he is not involved in any other crime other than the
present case.
12. In addition, the petitioners (or anyone on their 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 petitioners from trial without sufficient cause.
13. The petitions stand disposed of.
( JASJIT SINGH BEDI )
November 20, 2023 JUDGE
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
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