Labh Singh Alias Labha vs Narcotics Control Bureau
2023 Latest Caselaw 15131 P&H

                                  IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
                       208
                                                       2023:PHHC:118119
                                                       CRM-M-18673-2022
                                                       Date of decision: September 5th, 2023
                       Labh Singh alias Labha
                                                                                   .....Petitioner

                                                        Versus

                       Narcotics Control Bureau, Chandigarh Zonal Unit, Chandigarh

                                                                                 .....Respondent

                       CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

                       Present:     Mr. Pradeep Virk, Advocate
                                    for the petitioner.

                                    Ms. Gurmeet Kaur Gill, Senior Panel Counsel,
                                    for respondent-NCB.

                       MANJARI NEHRU KAUL, J.

The petitioner is seeking the concession of regular bail

under Section 439 of the Code of Criminal Procedure, 1973 in case

bearing NCB Crime No.14 dated 05.05.2015 registered under Sections

8, 18, 27A, 29 and 30 of the NDPS Act, 1985 at Police Station Narcotic

Control Bureau, Chandigarh Zonal Unit, Chandigarh.

2. Status report dated 05.09.2023 has been filed by learned

counsel for the respondent, which is taken on record.

3. Learned counsel for the petitioner, inter alia, contends that

the petitioner was nominated as an accused on the basis of a disclosure

statement allegedly suffered by co-accused Sukhbir Singh and

thereafter, a false recovery of 13 kgs of opium shown to have been

effected from the house of the petitioner. Learned counsel submits that

not only is the evidentiary value of such disclosure statement weak in

nature but even the recovery-cum-seizure memo, panchnama etc. with

respect to the recovery does not bear the signatures of his parents, in PUNEET SACHDEVA 2023.09.09 15:42 I attest to the accuracy and integrity of this document.

Chandigarh

whose presence the recovery was allegedly effected. Learned counsel

has further submitted that it is also a matter of record that one of his

co-accused, who faced trial, had since been acquitted vide judgment

dated 13.10.2018 passed by the learned Additional Sessions Judge,

Sirsa. Prayer has, therefore, been made by learned counsel for

extending the concession of bail to the petitioner as his further

incarceration will serve no useful purpose, more so since he has now

been in custody for almost 2 years, 9 months.

4. Per contra, learned counsel appearing for NCB has

vehemently opposed the prayer and submissions made by the counsel

opposite. It has been submitted that the petitioner is a man of criminal

antecedents. A total recovery of 36 kgs of opium was effected and

another 13 kgs of opium had been recovered from the house of the

petitioner pursuant to the disclosure statement made by the co-accused.

Learned counsel appearing for NCB has further submitted that the

petitioner had absconded after the registration of the FIR in question

and was subsequently declared a proclaimed offender. It was after five

years that he could be arrested only on 14.12.2021. Learned counsel has

also drawn the attention of this Court to para 3 of the status report filed

today, wherein the involvement of the petitioner in various criminal

cases stands detailed. Learned counsel has submitted that no doubt, out

of the nine criminal cases registered for various offences under the

Indian Penal Code as well as under the NDPS Act, the petitioner had

been acquitted in five of them, however, the petitioner had been

convicted in FIR No.09 dated 15.01.2010 under Sections 17/18/27A/61

of the NDPS Act and in FIR No.220 dated 29.05.1998 at Police Station

Kalawali (Sirsa). It has also been further submitted that the petitioner PUNEET SACHDEVA 2023.09.09 15:42 I attest to the accuracy and integrity of this document.

Chandigarh

had committed the crime after his sentence was suspended in the

aforementioned FIR(s). Learned counsel has thus, prayed for dismissal

of the petition keeping in view his criminal antecedents as there was

every likelihood that the petitioner could yet again abscond or even

misuse the concession of bail by being involved in a similar crime.

5. I have heard learned counsel for the parties and perused the

relevant material on record.

6. No doubt, the petitioner was nominated as an accused in

pursuance of a disclosure statement allegedly made by co-accused,

however, this Court cannot be expected to turn a blind eye to the huge

recovery of 13 kgs of opium effected from his house and that the

petitioner was declared a proclaimed offender after the registration of

the instant FIR. In addition, the petitioner, prima facie, comes across a

history sheeter. Hence, in the facts and circumstances as enumerated

hereinabove, this Court does not deem it fit to extend the concession of

regular bail to the petitioner.

7. The petition, therefore, stands dismissed.

8. However, it is made clear that anything observed

hereinabove shall not be construed to be an expression of opinion on

the merits of the case.

9. The trial Court shall make earnest efforts to expedite the

trial since the petitioner has been in custody since 14.12.2021.

                        September 5th, 2023                      (MANJARI NEHRU KAUL)
                        Puneet                                          JUDGE

                                    Whether speaking/reasoned       :     Yes

                                    Whether reportable              :     No
PUNEET SACHDEVA
2023.09.09 15:42
I attest to the accuracy and
integrity of this document.
Chandigarh