Punjab-Haryana High Court

Prince Kumar Alias Rajan vs State Of Punjab on 22 September, 2023

                                                    Neutral Citation No:=2023:PHHC:125260




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CRM-M-46939-2023 (O & M)                                                          ::1::-

     (210) IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                                 CRM-M-46939-2023 (O & M)
                                                   Date of Decision: 22.09.2023

Prince Kumar alias Rajan

                                                                        ... Petitioner

                                        Versus
State of Punjab
                                                                       ...Respondent


CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI


Present:     Mr. Mannat Anand, Advocate,
             for the petitioner.

             Ms. Ramta K Chaudhary, DAG, Punjab.

                   ****
JASJIT SINGH BEDI, J.

The prayer in this second petition under Section 439 Cr.P.C is

for the grant of regular bail to the petitioner in case bearing FIR No.71 dated

22.06.2021 under Sections 22(C), 29 of the NDPS Act registered at Police

Station Jhabal, District Tarn Taran.

2. The brief facts of the case are that while the police party was on

patrolling duty, secret information was received that there were some persons

on their vehicles supplying drug pills on a large scale between Amritsar and

Jhabal. If a nakabandi was set-up, they could be caught with a huge quantity

of contraband.

Based on the aforesaid information, the checking of the vehicles

was started and one motorcycle make Discover bearing registration No.PB 02

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CN 9822 with one person riding it and one Activa bearing registration No. PB

02DW 1943 with two persons came to the spot. On being signalled to stop,

they immediately tried to take U-turn but were apprehended. The rider of the

motorcycle disclosed his name as Prince Kumar @ Rajan (petitioner) and the

rider of the Activa disclosed his name as Dilpreet Singh @ Sheru (since

granted bail vide order dated 23.08.2023 passed in CRM-M-26265-2023) and

the persons sitting on the back seat of the Activa disclosed his name as

Kuldeep Singh @ Bau @ Baoo (since granted bail vide order dated

12.09.2023 passed in cRM-M-44178-2023). After complying with the

provisions of the Act regarding search and seizure, from the seat of the

Activa, a plastic bag was found containing 5000 intoxicant tablets of

Tramadol (Celcidal 100-SR ). Upon the search of the motorcycle a plastic

bag was found containing 7500 intoxicant tablets of Tramadlo (Celcidal 100-

SR).

3. The learned counsel for the petitioner contends that the petitioner

has 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 he was a first-time offender, in custody since 22.06.2021 and

only 1 of the 15 prosecution witnesses had been examined so far, the trial of

the present case was not likely to be concluded anytime soon and therefore,

he was 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

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and order dated 04.05.2022 in 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.

4. On the other hand, the learned State counsel contends that

commercial quantity of contraband has been recovered from the petitioner

and his co-accused. Therefore, in view of the bar contained under Section 37

of the NDPS Act, the petitioner was not entitled to the grant of bail. She,

however, concedes that the petitioner was a first time offender, in custody

since 22.06.2021 and only 01out of the 15 prosecution witnesses had been

examined so far.

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

6. 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.





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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 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."

7. 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.





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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 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.