Punjab-Haryana High Court
Sukhpal Singh vs State Of Haryana on 10 April, 2024
Neutral Citation No:=2024:PHHC:049154
2024:PHHC:049154
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
104 CRM-M-17759-2024
Date of Decision : April 10, 2024
SUKHPAL SINGH -PETITIONER
V/S
STATE OF HARYANA -RESPONDENT
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Arshdeep Singh Sivia, Advocate
for the petitioner.
Mr. Bhupender Singh, D.A.G., Haryana.
***
KULDEEP TIWARI, J. (ORAL)
1. Through the instant petition, as instituted under Section 438 of the
Cr.P.C., the petitioner seeks the concession of anticipatory bail, in FIR No.99
dated 14.03.2024, under Sections 21(b)/61/85 of the N.D.P.S. Act, registered at
P.S. City Dabwali, District Sirsa.
2. The learned counsel for the petitioner submits that the petitioner
has no concern whatsoever with the alleged recovery of 06 grams 80 milligrams
of heroin, which indeed has been effected from co-accused Birchand @ Bholu.
Moreover, when the allegedly recovered heroin falls in the category of "non-
commercial quantity", therefore, the statutory bar as engrafted in Section 37 of
the N.D.P.S. Act, 1985, is not applicable in the present case. The name of the
petitioner surfaced for the first time ever only in the disclosure statement, as
suffered by the co-accused Birchand @ Bholu, during the course of
investigation, whereupon, he has been arrayed as an accused in the instant FIR.
He contests the evidentiary vigor of the said disclosure statement, on the ground
that, the same was suffered by the co-accused (supra) while being in police
custody.
3. The record reveals that, earlier also, the petitioner was involved in
commission of an alike offence, whereupon, FIR No.307 dated 05.12.2022,
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under Section 18(C) of the N.D.P.S. Act, 1985, was registered against him at
P.S. Special Task Force Wing, S.A.S. Nagar. Although the petitioner was
granted the concession of regular bail, in FIR (supra), by a Co-ordinate Bench
of this Court, vide order dated 03.03.2023, drawn upon CRM-M-10377-2023,
however, consequent upon his release, he again indulged in trade of narcotics,
which constituted the bedrock for registration of the present FIR.
4. Though the alleged recovery of heroin, as effected from the co-
accused (supra), undisputedly falls in the category of "non-commercial
quantity", however, the hereinabove extracted criminal antecedents of the
petitioner impel this Court to draw an inference that the petitioner is a habitual
offender, who indulges in trade of narcotics time and again. Now, insofar as
evidentiary worth of the disclosure statement of co-accused (supra) is
concerned, the same can only be considered and ascertained at the appropriate
stage of trial.
5. Therefore, this Court does not deem it a fit case to grant the
extraordinary relief of anticipatory bail to the petitioner. To reach at this
conclusion, this Court also garners strength from the judgment rendered by the
Hon'ble Supreme Court, in case titled as "The State of Haryana Versus
Samarth Kumar", 2022 (3) RCR (Criminal) 991. Consequently, the asked for
relief of anticipatory bail is declined to the petitioner and the petition is
accordingly dismissed.
6. However, anything observed hereinabove shall neither be
construed to have any bearing on the outcome of the trial, nor the trial Court
concerned shall be influenced by any of the observations recorded herein.
(KULDEEP TIWARI)
April 10, 2024 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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