Punjab-Haryana High Court
Sandeep Singh vs State Of Punjab on 9 April, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:048136
CRM-M-9719-2024 1
2024:PHHC:048136
225 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-9719-2024
Date of decision : 09.04.2024
SANDEEP SINGH ....Petitioner
Versus
STATE OF PUNJAB ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Ashish Aggarwal, Advocate
for the petitioner.
Mr. Mohit Kapoor, Sr. DAG, Punjab.
PANKAJ JAIN, J. (ORAL)
This petition has been filed under Section 439 Cr.P.C. for grant
of regular bail to the petitioner in case F.I.R. No.115 dated 14.07.2023
registered for the offences punishable under Sections 21, 29 of Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') at
Police Station Gharinda, District Amritsar Rural.
2. Custody Certificate of the petitioner has been filed today in
Court. The same is taken on record.
3. As per the case of the prosecution the petitioner along with co-
accused(s) was travelling in the car. Car was signaled by the police. Driver
tried to turn the same and run away from the spot. The three occupants of
the same however were apprehended including the present petitioner who
was sitting on conductor seat. From the dashboard of the car 200 grams of
heroin was recovered leading to registration of the present FIR.
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4. Counsel for the petitioner submits that it's a case involving non-
commercial quantity. The petitioner is behind bars for more than 8 months
and 27 days i.e. almost 9 months. Investigation stands concluded and
Challan stands presented. More so, the witnesses being the official, there
can't be any apprehension that the petitioner shall tamper with the evidence.
5. State Counsel opposes the bail plea on the ground that the
petitioner is a prior convict under the NDPS Act in FIR No.24 dated 18th of
February, 2020 registered at Police Station Chabhal wherein he has been
awarded six months R.I. and is also facing another case in FIR No.64 dated
10th of September, 2019 registered at Police Station Kacha Pakka.
6. Faced with the situation, counsel for the petitioner refers to
judgment dated 9th of October, 2023 passed by Judge, Special Court, Tarn
Taran in FIR No.24 dated 18th of February, 2020 to submit that it was the
case wherein the petitioner was found to be in possession of 35 grams of
heroin which is less than commercial quantity. He further refers to
Annexure P-2 to submit that likewise in FIR No.64 dated 10th of September,
2019 also the petitioner was found to be in possession of 152 grams of
heroin which is less than commercial quantity. He refers to the present FIR
to submit that the present case also involves recovery of less than
commercial quantity and would not attract Section 37 of the NDPS Act.
7. State Counsel is not in position to dispute the aforesaid
assertion being matter of record.
8. I have heard counsel for the parties and have gone through
records of the case.
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9. Without commenting on the merits of the case, keeping in view
the incarceration already suffered by the petitioner and the fact that the
present case does not involve commercial quantity and thus rigors of Section
37 would not be attracted, the present petition is allowed. The petitioner is
ordered to be released on bail on his furnishing bail bonds/surety bonds to
the satisfaction of the Trial Court/Duty Magistrate concerned.
10. However, in addition to conditions that may be imposed by the
Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by
the following conditions :-
(i) The petitioner shall not mis-use the liberty granted.
(ii) The petitioner shall not tamper with any evidence
oral or documentary during the trial.
(iii) The petitioner shall not absent himself on any date
before the trial.
(iv) The petitioner shall not commit any offence while
on bail.
(v) The petitioner shall deposit his passport, if any
with the trial Court.
(vi) The petitioner shall give his cellphone number to
the police authorities and shall not change his cell-
phone number without permission of the trial
Court.
(vii) The petitioner shall not in any manner try to delay
the trial.
11. In case of breach of any of the aforesaid conditions and those
which may be imposed by the Trial Court, the prosecution shall be at liberty
to move cancellation of bail of the petitioner.
12. Needless to say that anything observed hereinabove shall not be
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construed to be an expression of opinion on the merits of the case.
April 09, 2024 (Pankaj Jain)
Dpr Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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