Punjab-Haryana High Court
Angrej Singh vs State Of Punjab on 4 September, 2023
CRM-M-57682-2022 (O&M) 2023:PHHC:115723
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-57682-2022 (O&M)
Date of decision: 04.09.2023
Angrej Singh
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:- Ms. Malkit Kaur, Advocate for
Mr. Vaibhav Sehgal, Advocate,
For the petitioner.
Mr. Shubham Kaushik, AAG, Punjab.
*****
ARUN MONGA, J. (ORAL)
After being declined bail by the trial Court, petitioner before this Court
seeks his release as an undertrial in a case bearing FIR No.133 dated 17.12.2019,
registered under Sections 22 and 25 of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (for short 'NDPS Act') at Police Station, Sadar Raikot, Ludhiana.
3. Per prosecution case, on 17.12.2019, ASI Gursewak Singh and other police
officials were onroutine patrolling for drug peddlers. They erected nakabandi
(barricade) on a linkroad. A secret informer divulged that Hardeep Singh @ Raju and
Angrez Singh (petitioner) were habitual of selling intoxicant tablets. He further informed
that both of them were on way to Raikot from Johlan on a motorcycle bearing registration
No.PB-08-DF-4801. Based on said information, ASI Gursewak Singh sent ruqa to Police
Station for formal registration of FIR. Further investigation was handed over to ASI
Raghbir Singh.
3.1. On seeing co-accused Hardeep Singh alias Raju and petitioner Angrez
Singh, while riding a motorcycle, they were signaled stop. The rider of the motorcycle
disclosed his name as Angrez (petitioner) while the pillion as Hardeep Singh alias Raju.
On their search, 500+1500 tablets of Clovidol-100 SR, which later turned out to
containing Tramadol Hydrochloride salt, were recovered from the envelope which was in
the possession of co-accused Hardeep Singh @ Raju. Petitioner and co-accused were
VANDANA
arrested on the spot. Petitioner has been in custody ever since.
2023.09.05 11:30
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CRM-M-57682-2022 (O&M) 2023:PHHC:115723
4. Learned counsel for the petitionercontends that petitioner was admitted to
interim bail by learned trial Court vide order dated 04.02.2020 (Annexure P-2) awaiting
the FSL report. After the FSL report was received, petitioner surrendered on 01.09.2021
and since then he is in custody. He never misused the concession of interim bail. He was
regularly appearing before learned trial Court.
4.1 Further argues that no recovery has been effected from the possession of
the petitioner. Recovery was effected from the polythene bag and in any case has been
planted on the petitioner. He has no link with the alleged recovery. He further submits
that mandatory provisions of NDPS Act were not complied with. He further urges that
no independent witness was joined by the police party. Petitioner has thus been falsely
implicated in the present case.
4.2 Learned counsel also submits that nothing is to be recovered from the
petitioner and he is not required for further custodial interrogation. There is no likelihood
of petitioner tampering with evidence and/ or influencing prosecution witnesses.
5. On the other hand, learned State counsel opposes the bail petition. He
submits that petitioner has committed a serious offence.In case, petitioner is granted
concession of bail, there are chances of his fleeing from justice. Learned State counsel
further contends that recovery of contraband falls under commercial quantity andrigors of
Section 37 of NDPS Act would be attracted in this case. He however, admits that no
other case is pending against him.
6. He submits that in bail matter of co-accused, namely, Hardeep Singh Alias
Raju, a coordinate Bench of this Court directed learned Trial Court to conclude trial by
30.09.2023. In compliance of the above said order, 06 prosecution witnesses have been
examined and only two are left.He refers to report dated 07.08.2023 submitted by learned
Additional District and Sessions Judge, Ludhiana in compliance of order dated
29.04.2023 passed in CRM-M-4097-2022. He submits that as per report, every effort will
be made to conclude the trial within time as fixed by this Court.
7. I have heard rival contentions of learned counsels for the parties and have
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gone through the case file.
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CRM-M-57682-2022 (O&M) 2023:PHHC:115723
8. Learned State counsel, on instructions from ASI Surender Singh,submits
that challan was filed on 11.06.2020 and charges were framed.Investigationqua the
petitioner is complete. Petitioner is thus not required for custodial interrogation.
Allegations against the petitioner are matter of trial.Bail allows an accused to maintain
his freedom until his guilt or innocence is determined. Whereas, petitioner has already
been in jail for more than02 years and 20days, per custody certificate.
9. Petitioneris being kept in preventive custody merely on an unfounded
suspicion that if he is let out, he may either tamper with evidence and/ or influence
witnesses. There is no documentary evidence and it is more in the nature of FSL report
qua contraband, already filed in the trial Court to which accused has no access. There is
no probability of tampering with evidence as the same has already been seized by the
investigating agency.As regards witnesses, they are all official and have already been
examined.
10. Offence allegedly committed by petitioner is of non-violent nature and in
that sense his release on bail is not a threat to society at large by committing any violent
crime. In any case, allegations against petitioner are matter of trial. At this stage, there
appears to be a reasonable ground that petitioner maynot be guilty of the alleged offence.
He is unlikely to commit any offence while on bail.
11. However, seeing duration of custody and, since the trial is proceeding at
snail pace,I am of the view thatpetitioner is entitled to concession of bail.Though a
coordinate Bench had already directed while disposing of bail petition of co-accused to
learned trial Court to expedite the trial proceedings, and yet the trial has still not
concluded. Whereas, petitioner is languishing in jail.
12. Petitioner is stated to be a young boy, aged 25 years and is on the cross-
roads of his career and his future is getting severely jeopardized due to prolonged
incarceration. Having clean antecedents and fixed abode, it is unlikely that he poses any
flight risk and/or will flee from trial proceedings.
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CRM-M-57682-2022 (O&M) 2023:PHHC:115723
13. Considering the overall scenario and without commenting on the merits of
the case, the instant petition is allowed. I am of the view that no useful purpose would be
served to keep the petitioner in further preventive custody.
14. Accordingly, petitioner is ordered to be released on bail, if not required in
any other case, on his furnishing bail bonds and surety bonds to the satisfaction of learned
trial Court, where his case is being tried and in case he/she is not available, before learned
Duty Judge, as the case may be.
15. In case, petitioner is found to be involved or gets involved in any offence
while on bail, the prosecution shall be at liberty to seek cancellation of his bail in the
instant case.
16. It is made clear that any observations and/or submissions noted hereinabove
shall not have any effect on merits of the case as the same are for the limited purpose of
hearing the instant bail petition alone and learned trial Court shall proceed without being
influenced with this order.
17. Learned trial Court is further directed to proceed in the matter and to take
appropriate action, if warranted, in terms of the SOP of the State asin detailed judgment
dated 28.08.2023 passed by this Court in IOIN-CRM-M-18507-2022 titled "Jagjit Singh
@ Jaggi Vs. State of Punjab.". Guidelines and standard operating procedure (SOP) were
ordered to be circulated by this Court to learned Judges in the District Judiciary in the
States of Punjab, Haryana and UT Chandigarh.
18. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA)
JUDGE
04.09.2023
vandana
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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