Punjab-Haryana High Court
Sukhwinder Singh vs Narcotics Control Bureau on 12 September, 2023
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
215
2023:PHHC:119876
CRM-M-24195-2023
Date of decision: September 12th, 2023
Sukhwinder Singh
.....Petitioner
Versus
Narcotics Control Bureau, Chandigarh
.....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Dr. Anmol Rattan Sidhu, Senior Advocate
with Mr. Pratham Sethi, Advocate
for the petitioner.
Mr. Rajiv Sharma, Advocate
for the respondent.
MANJARI NEHRU KAUL, J.
The petitioner is seeking the concession of regular bail
under Section 439 of the Code of Criminal Procedure, 1973 in
supplementary complaint dated 18.07.2020 in NCB Crime No.14/2015
dated 05.05.2015 registered under Sections 8, 18, 29, 27A and 30 of the
NDPS Act, 1985 at Police Station NCB Chandigarh Zonal Unit,
UT Chandigarh.
Learned senior counsel for the petitioner, inter alia,
contends that the petitioner was nominated as an accused along with six
others on the basis of a disclosure statement allegedly suffered by
co-accused Sukhbir Singh and Lakhbir Singh, from whom a recovery of
36.150 kgs of opium along with `19,40,000/- drug money was
allegedly effected. Learned senior counsel has further submitted that
the evidentiary value of such disclosure statement is of a weak nature
and all this has to be appreciated in the light of no recovery of any
contraband having been effected from the petitioner pursuant to his
PUNEET SACHDEVA
2023.09.13 17:38
I attest to the accuracy and
integrity of this document.
Chandigarh
arrest on 09.07.2020. Learned senior counsel has further submitted that
it is also a matter of record that co-accused Lakhbir Singh @ Lakh and
Harbans Singh @ Bansa, who had faced trial in the crime in question,
have since been acquitted vide judgment dated 16.08.2018 passed by
learned Additional Sessions Judge, Sirsa. It has also been submitted
that co-accused Gurmeet Singh has since been extended the concession
of bail vide order dated 19.08.2019. Learned senior counsel, therefore,
has prayed that in the facts and circumstances, keeping in view the long
incarceration of the petitioner, he too be extended the concession of bail
as his further incarceration will serve no useful purpose.
Per contra, learned counsel appearing for NCB has
vehemently opposed the prayer and submissions made by the counsel
opposite. Learned counsel has submitted that a huge recovery of 36.150
kgs of opium along with `19,40,000/- drug money was effected from
co-accused Sukhbir Singh @ Sukha and Lakhbir Singh @ Lakha, who
had then suffered a disclosure statement, wherein they categorically
stated that the petitioner was an active member of the drug syndicate
and had sold the recovered contraband to them. Learned counsel has
further submitted that from the material collected during investigation
including some call transcripts and also monetary transactions between
the petitioner and co-accused Sukhbir Singh, who had since been
convicted by the trial Court, it was further evident that the petitioner
was an active member of a drug syndicate. While drawing the attention
of this Court to Annexure P-8, learned counsel for NCB has further
submitted that it is also a matter of record that co-accused Paramjit
Singh had approached the Hon'ble Supreme Court seeking the
concession of regular bail, which had been dismissed. It has been still
PUNEET SACHDEVA
2023.09.13 17:38
I attest to the accuracy and
integrity of this document.
Chandigarh
further submitted that the petitioner had absconded after the registration
of the case in question and was then declared a proclaimed offender on
31.08.2018. It was only on 04.07.2020 that he could be arrested. He has
thus, prayed for dismissal of the instant petition keeping in view that
the petitioner had been declared a proclaimed offender and there was
thus, every likelihood that he could yet again abscond and be involved
in some other case of similar nature.
I have heard learned counsel for the parties and perused the
relevant material on record.
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 36.150 kgs of opium along with `19,40,000/- drug money
effected from the co-accused, coupled with the fact that the petitioner
was declared a proclaimed offender after the registration of the instant
case. Prima facie, the petitioner thus, comes across as an active
member of a drug syndicate. This Court, in the facts and circumstances
as enumerated hereinabove, does not deem it fit to extend the
concession of regular bail to the petitioner.
The instant petition, therefore, stands dismissed.
At this stage, a request has been made by the learned senior
counsel for the petitioner for directing the trial Court to expedite the
trial in view of the long incarceration of the petitioner.
The trial Court shall make earnest efforts to expedite the
trial and conclude it preferably within a period of six months.
PUNEET SACHDEVA
2023.09.13 17:38
I attest to the accuracy and
integrity of this document.
Chandigarh
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.
September 12th, 2023 (MANJARI NEHRU KAUL)
Puneet JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
PUNEET SACHDEVA
2023.09.13 17:38
I attest to the accuracy and
integrity of this document.
Chandigarh
