Punjab-Haryana High Court
Charanjit Singh vs State Of Punjab on 2 April, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
2024:PHHC:043800
CRM-M-14645-2024 -1-
212 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-14645-2024
Date of Decision : April 02, 2024
Charanjit Singh .....Petitioner
Vs.
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Surinder Garg, Advocate for the petitioner.
Ms. Ramta K. Chaudhary, DAG, Punjab.
JASJIT SINGH BEDI, J. (Oral)
The prayer in the present petition under Section 439 Cr.PC is
for the grant of regular bail in case FIR No.51 dated 06.05.2022 under
Section 22(a) of the NDPS Act, 1985 (charges under Sections 22(c) and
22(b) of the NDPS Act, 1985 registered at Police Station Sadar Kotkapura,
District Faridkot.
2. The brief facts of the case are that Charanjit Singh (petitioner)
and Atma Singh (granted bail vide order dated 27.04.2023 in
CRM-M-14669-2023) were apprehended and the recovery of 150 tablets of
Etizolam and 100 tablets of Tramadol Hydrochoride, respectively came to
be effected from them.
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
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time of search and seizure. As he was a first-time offender, in custody
since 06.05.2022 and only 01 out of 13 prosecution witnesses had been
examined so far, the trial of the present case was not likely to be
concluded anytime soon. Therefore, the petitioner 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 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.
Therefore, in view of the bar contained under Section 37 of the NDPS Act,
the petitioner is not entitled to the grant of bail. She, however, concedes
that the petitioner was a first time offender, in custody since 06.05.2022
and only 01 out of 13 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
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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.
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."
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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.
3. We have heard learned counsel for the parties and
carefully perused the record.
4. The investigation is complete; charge-sheet
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
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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.
8. The Special Leave Petition stands disposed of in
the above terms.
9. As a result, pending interlocutory application also
stands disposed of.
(emphasis supplied)
8. In the instant case, the petitioner is stated to be in custody
since 06.05.2022 and only 01 out of 13 prosecution witnesses have been
examined so far. He is also a first-time offender with no other case
registered against him. In this situation, the rigors of Section 37 of the
NDPS Act can be diluted to an extent in view of the salutary provisions of
Article 21 of the Constitution of India which provides for the right to a
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speedy trial and the case of the petitioner can be considered for the grant
of bail.
9. Thus, without commenting on the merits of the case, the
present petition is allowed and petitioner-Charanjit Singh son of Michar
Singh is ordered to be released on bail subject to his furnishing bail bonds
and surety bonds to the satisfaction of learned CJM/Duty Magistrate,
concerned.
10. The petitioner shall appear before the police station concerned
on the first Monday of every month till the conclusion of the trial and
inform in writing each time that he is not involved in any other crime other
than the present case.
11. In addition, the petitioner (or anyone on his behalf) shall
prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with the
Trial Court. The same would be liable to be forfeited as per law in case of
the absence of the petitioner from trial without sufficient cause.
12. The petition stands disposed of.
( JASJIT SINGH BEDI )
April 02 2024 JUDGE
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
