Punjab-Haryana High Court
Vishal Dhuria vs State Of Punjab on 4 September, 2023
Neutral Citation No:=2023:PHHC:116253
CRM-M-41926-2023 2023:PHHC:116253
- 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
102 CRM-M-41926-2023
Date of decision: 04.09.2023
Vishal Dhuria
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. Jagdip Singh Bhatta, Advocate for the petitioner.
Ms. Himani Arora, AAG, Punjab.
*****
AMAN CHAUDHARY. J.
1. The present petition has been filed under Section 438 Cr.P.C. for
grant of anticipatory bail to the petitioner in case FIR No.151 dated 26.05.2023,
registered under Sections 22, 22(c), 29, 61, 85 of NDPS Act, 1985 at Police
Station Special Task Force, Phase-4, SAS Nagar Mohali.
2. The prosecution case as set up is that on 26.05.2023, on receipt of a
secret information, ASI Balkar Singh, alongwith other police officials laid a naka
at main road, Guruharsahai Goluka T-point, link road Little Flower School,
Guruharsahai. They saw a clean shaved young man coming on a motorcycle
bearing PB-77-3004, who on seeing the police tried to escape but was nabbed. He
told his name as Navdeep Kumar. On search, two black colour polythenes were
recovered from him, one of which contained 72 strips tablets Alprazolam I.P.05
mg, each strip containing 75 tablets and the other 190 strips, each containing 60
1 of 7
Neutral Citation No:=2023:PHHC:116253
CRM-M-41926-2023 2023:PHHC:116253
- 2-
tablets of Tramadol Hydrochloride I.P.100 mg SR Tablets Radol-100.
Consequently, FIR in question was registered.
3. Learned counsel submits that the petitioner was not named in the FIR.
He was implicated in the disclosure statement of co-accused Navdeep Kumar. He is
running a medical store in the name and style M/s Angel Homeo Pharma and the
said accused had been purchasing homeopathic medicine from him and in lieu of
which he had deposited an amount of Rs.10,000/- on 09.05.2023. The petitioner is
ready and willing to join the investigation and cooperate with the investigating
agency. Thus, he prays for grant of anticipatory bail to him.
4. Learned State counsel opposes the prayer on the ground that the
petitioner has not approached this Court with clean hands, as he has concealed the
fact that he already stood convicted under Section 22 of NDPS Act. In the present
case, commercial quantity of contraband was recovered from the co-accused of the
petitioner, who in his disclosure statement, specifically stated that he used to
purchase the said contraband from him. The bills that have been appended to the
petition are not genuine as the GSTIN or PAN No. have also not been mentioned
and no GST is also shown to have been paid. Further, the bills are of early 2023,
whereas the payment was made in May, 2023. No bills prior to January have been
shown. There are call details also between the petitioner and the co-accused. The
case is still under investigation and custodial interrogation of the petitioner is
therefore required in the instant case to find the source of origin, the entire chain
of supply of contraband and the other drug peddlers involved. There is every
possibility of the petitioner fleeing from justice and tampering with the evidence.
Thus, she prays for the dismissal of the present petition.
2 of 7
Neutral Citation No:=2023:PHHC:116253
CRM-M-41926-2023 2023:PHHC:116253
- 3-
5. Heard.
6. It is apposite to refer to the relevant paras of the status report dated
29.08.2023, which read thus:
"5. That during interrogation on 31.03.2023, accused Navdeep
Kumar specifically stated that total 16800 intoxicant tablets
(i.e. 5400 tablets of Alprazolam I.P. 0.5 mg Rlam 0.5 and
11400 tablets of Tarmadol Hydrochloride I.P 100 mg SR
Radol-100), which have been recovered from him in this case
were brought by him from Vishal Dhuria (petitioner), who is
running his Homeopathy Medical Shop under the name and
style of Homeo Pharma (Homeopathic store) homeopathic
whole sale Medicine Near Lal Mann MC Street, Jalalabad (W),
District Fazilka. During interrogation, accused Navdeep Kumar
also stated that on 09.05.2023, he had deposited Rs.10,000/- in
the Bank Account of Vishal Dhuria (petitioner). During
investigation, Statement of Account No.00651000019471 of
petitioner Vishal Dhuria with Punjab and Sind Bank was
thoroughly scrutinized and it was found that on 09.05.2023
accused Navdeep Kumar had credited Rs.10,000/- in the
account of accused/petitioner Vishal Dhuria. During
investigation, the call detail of Mobile No.98779-67206 of
accused/petitioner Vishal Dhuria was obtained and on
checking, it has been found that accused Navdeep Kumar has
been in talking terms from his Mobile No.75081-55155 with
accused/petitioner Vishal Dhuria since long. During
investigation, it also revealed that petitioner Vishal Dhuria is
already involved in a criminal case FIR No. 11, dated
07.02.2015, Under Section 22/61/85 NDPS Act, Police Station
City Jalalabad, in which, recovery of 48000 intoxicant tablets
of 220 Alprazolam was effected and he was arrested on
07.02.2015 and lateron, convicted by the Court of Additional
Sessions Judge, Fazilka on 09.08.2019. Accordingly vide DDR
No.21, dated 31.05.2023, accused/petitioner Vishal Dhuria was
nominated as accused and offence Under Section 22(C)/29
NDPS Act was added in the FIR. Best efforts were made to
arrest accused/petitioner Vishal Dhuria. But he remained
absconding. The case is still under investigation being carried
over by ASI Balkar Singh, S.T.F. Ferozepur Range and after
the completion of investigation, further necessary action shall
be taken accordingly.
xx xx xx
7. That so far as the specific attribution of petitioner Vishal
Dhuria in the commission of offence is concerned, it is most
respectfully submitted that from the investigation conducted
3 of 7
Neutral Citation No:=2023:PHHC:116253
CRM-M-41926-2023 2023:PHHC:116253
- 4-
uptil now, it has been found that the accused/petitioner Vishal
Dhuria is actively doing the business of selling intoxicant
tablets under the garb of his Homeopathic Medical Hall and is
closely associated with accused Navdeep Kumar in selling
intoxicant tablets. It has also been found that the intoxicant
tablets i.e. 5400 tablets of Alprazolam I.P. 0.5 mg Rlam 0.5
and 11400 tablets of Tarmadol Hydrochloride 1.P. 100 mg SR
Radol-100 which have been recovered from accused Navdeep
Kumar were brought by him from present petitioner Vishal
Dhuria and in lieu of their such like dealings, on 09.05.2023,
accused Navdeep Kumar had deposited Rs.10,000/- in the
Bank Account of Vishal Dhuria (petitioner). The
accused/petitioner namely Vishal Dhuria has been found in
constant talking terms from his Mobile No. 98779-67206 on
the Mobile No.75081-55155 of accused Navdeep Kumar since
long and they talked with each other 37 times for the period
w.e.f. 05.01.2023, till 15.05.2023. The recovered contraband of
intoxicant tablets is falls under the category of commercial
quantity. The petitioner is also having past criminal history in
the shape of above said FIR registered him. From the
investigation conducted uptil now, sufficient evidence has been
found to bring home the guilt of petitioner Vishal Dhuria and
as such, his custodial interrogation is required in the present
case. The allegations against the petitioner are very serious in
nature and there is a reasonable apprehension that if the
petitioner is granted concession of bail, he will directly or
indirectly make inducement or threat to any person acquainted
with the facts of the present case and shall misuse the
concession of bail."
7. In the case in hand, the petitioner has been named by co-accused
Navdeep Kumar, from whom commercial quantity of contraband was recovered,
when he was apprehended at the spot. During investigation, he disclosed that he
had deposited a sum of Rs.10,000/- in the bank account of the petitioner and there
are call records also available with the investigating agency revealing that the
petitioner was constantly in touch with the said co-accused and he be actively
involved in the drug trade being carried out under the garb of Homeopathic
Medical Hall. Moreover, the petitioner has concealed the factum of his having
been involved in FIR No.11 dated 07.02.2015, registered under Section 22 of the
4 of 7
Neutral Citation No:=2023:PHHC:116253
CRM-M-41926-2023 2023:PHHC:116253
- 5-
NDPS Act, wherein 48000 tablets Fortadol and 220 tablets of Alprazolam 0.5 had
been recovered, wherein, he was convicted vide judgment dated 09.08.2019 by
Additional Sessions Judge, Fazilka.
8. Hon'ble The Supreme Court in CBI vs. Santosh Karnani, (2023)
SCC Online SC 427, Sadhna Chaudhary vs. State of Rajasthan, (2022) SCC
OnLine SC 869, Dr. Naresh Kumar Mangla vs. Smt. Anita Agarwal and Ors.,
2020 SCC Online SC 1089, while expounding the law on anticipatory bail relied
on Siddharam Satlingappa Mhetre vs. State of Maharashtra, (2011) 1 SCC
694, which after due deliberation on the parameters evolved by the Constitutional
Bench in Gurbaksh Singh Sibbia vs. State of Punjab, (1980) 2 SCC 565 held
thus:
"i. The nature and gravity of the accusation and the exact
role of the accused must be properly comprehended before
arrest is made;
ii. The antecedents of the applicant including the fact as to
whether the accused has previously undergone imprisonment
on conviction by a Court in respect of any cognizable offence;
iii. The possibility of the applicant to flee from justice;
iv. The possibility of the accused's likelihood to repeat
similar or the other offences.
xx xx xx"
9. It is manifestly clear that anticipatory bail is not a right that may be
granted in every other case. The Court has to take into consideration all the facts
and circumstances and after its utmost satisfaction, grant it only in exceptional
circumstances, where all the factors and parameters are met and there is no
possibility of him interfering in the path of justice.
10. Hon'ble The Supreme Court in the case of P. Chidambaram vs.
Directorate of Enforcement, (2019) 9 SCC 24, has observed that, "Ordinarily,
arrest is a part of procedure of the investigation to secure not only the presence of
5 of 7
Neutral Citation No:=2023:PHHC:116253
CRM-M-41926-2023 2023:PHHC:116253
- 6-
the accused but several other purposes. Power under Section 438 CrPC is an
extraordinary power and the same has to be exercised sparingly. The privilege of
the pre-arrest bail should be granted only in exceptional cases. The judicial
discretion conferred upon the court has to be properly exercised after application
of mind as to the nature and gravity of the accusation; possibility of applicant
fleeing justice and other factors to decide whether it is a fit case for grant of
anticipatory bail. Grant of anticipatory bail to some extent interferes in the sphere
of investigation of an offence and hence, the court must be circumspect while
exercising such power for grant of anticipatory bail. Anticipatory bail is not to be
granted as a matter of rule and it has to be granted only when the court is
convinced that exceptional circumstances exist to resort to that extraordinary
remedy."
11. In State represented by the C.B.I. vs. Anil Sharma, 1997(4) R.C.R.
(Criminal) 268, Hon'ble The Supreme Court had observed that in cases where
serious allegations have been alleged and the truth needs to be elicited from the
accused, the same can only be done through the custodial interrogation as
compared to questioning a suspect, who is already on anticipatory bail.
12. Keeping in view the facts and circumstances of the case and the
judgments referred to above, at this stage, an element of criminality cannot be
ruled out and allowing the petitioner to join the investigation in a case of present
nature under the protection of pre-arrest bail, would impede a comprehensive and
effective investigation to discover the modus operandi and elicit the truth; there
being an apprehension of him influencing and threatening the witnesses or
tampering with the evidence and fleeing from justice, more pertinently,
6 of 7
Neutral Citation No:=2023:PHHC:116253
CRM-M-41926-2023 2023:PHHC:116253
- 7-
apprehension of committing the crime again; his custodial interrogation is also
stated to be imperative so as to complete the chain of supply and also to ascertain
the persons who may be involved in this nexus, and also his antecedents, this
Court is not inclined to grant such relief to the petitioner.
13. The stringent provisions as contained in the statute, are to deal with
the drug menace plaguing the society, as the youth are being led on a path having
deleterious effects, thereby destroying the very social fabric.
14. In view of the forgoing discussion, the present petition being devoid
of merits is hereby dismissed.
15. The observations made hereinabove are meant only for the purpose
of deciding the present petition and in no manner are to be construed as an
expression of opinion on the merits of the case.
(AMAN CHAUDHARY)
JUDGE
04.09.2023
Ankur
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:116253
7 of 7
