Punjab-Haryana High Court
Sukhdev vs State Of Punjab on 16 April, 2024
Neutral Citation No:=2024:PHHC:051442
2024:PHHC:051442
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
207 CRM-M-54240-2023
Date of Decision : April 16, 2024
SUKHDEV -PETITIONER
V/S
STATE OF PUNJAB -RESPONDENT
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Munish Gulati, Advocate
for the petitioner.
Mr. Raghav Garg, A.A.G, Punjab.
***
KULDEEP TIWARI, J. (ORAL)
1. Through the instant petition, as filed under Section 438 of the
Cr.P.C., a prayer is made for grant of anticipatory bail to the petitioner, in
case FIR No.158 dated 16.9.2023, under Sections 21/22/29 of the
N.D.P.S. Act, 1985, registered at Police Station Makhu, District
Ferozepur.
2. On 08.01.2024, this Court had passed the hereinafter
extracted order:-
"Through the instant petition filed under Section 438
Cr.P.C., prayer is made for grant of anticipatory bail to the
petitioner in case FIR No.158 dated 16.9.2023 under Sections
21/22/29 of NDPS Act, 1985, registered at Police Station Mukhu,
District Ferozepur.
The allegation against the petitioner as unfolds from the
FIR is that there is recovery of 625 grams intoxicant powder and
60 grams Heroin from the other two co-accused of the present
petitioner, who were arrested on the spot, whereas, the present
petitioner managed to escape from the spot.
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A perusal of the FIR clearly depicts that during raid, two
co-accused, namely, Lovepreet Singh and Ramandeep were
arrested from the spot, who disclosed that the person, who
succeeded in running away from the spot was one Sukhdev Singh,
the present petitioner and one Jatinder @ Gatti and Kewal. It is
revealed from the report that total quantity of intoxicant powder
was 625 grams, however, the exact nature of the contraband is yet
not known because the FSL report is still awaited.
At this stage, the learned State counsel has placed on
record a short reply by way of affidavit of Gurdeep Singh, PPS,
Deputy Superintendent of Police, Zira, District Ferozepur. The
same is taken on record.
A perusal of the short reply reveals that the FSL report is
still awaited.
The learned State counsel is directed to expedite the
examination of the contraband from the FSL and file the report of
the FSL positively on or before the next date of hearing.
Adjourned to 7.3.2024.
In the meanwhile, in the event of arrest, the petitioner shall
be released on interim bail subject to his furnishing personal and
surety bonds to the satisfaction of the Arresting/Investigating
Officer. The petitioner shall, however, join the investigation as
and when called for and shall also abide by the conditions
specified under Section 438(2) of the Cr.P.C."
3. Today, the learned counsel for the petitioner has, by placing
reliance upon an order dated 17.11.2023, as drawn by a Co-ordinate
Bench of this Court upon CRM-M-57923-2023, whereby, petitioner's co-
accused Jatinder @ Gatti has been granted the relief of anticipatory bail,
argued that since the petitioner is on a co-equal pedestal as his co-accused
(supra), therefore, he also deserves an alike treatment. He has further
argued that except the disclosure statement of co-accused, the
investigating agency is not seized of any inculpatory material against the
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petitioner.
4. Per contra, the learned State counsel has vehemently
opposed the arguments made by the learned counsel for the petitioner, on
the ground that, since FSL report has now been received, wherein, the
intoxicant powder, as recovered from petitioner's co-accused, is reflected
to be "Tramadol Hydrochloride", therefore, the petitioner does not
deserve any relief. A copy of the FSL report, as supplied by the learned
State counsel, is taken on record as Annexure A.
5. This Court has heard the arguments made by the learned
counsels appearing for the parties and perused the entire record.
6. What emerges from the record, is that, 625 grams intoxicant
powder and 60 grams heroin was recovered from petitioner's co-accused.
Though the recovered heroin falls within the category of "non commercial
quantity", however, the intoxicant powder, which is now reflected as
"Tramadol Hydrochloride" in the FSL Report (Annexure A), falls within
the domain of "commercial quantity".
7. It is undisputed that, at the time of granting anticipatory bail
to the petitioner's co-accused (supra), the F.S.L. Report was not received
and the contents of the recovered intoxicant powder were yet to be
ascertained, therefore, he was granted the said relief. However, now the
F.S.L. report has been received, wherein, the recovered intoxicant powder
is revealed to be "Tramadol Hydrochloride", therefore, the petitioner
cannot claim parity with his co-accused (supra).
8. Now, insofar as evidentiary worth of the disclosure
statement(s) of petitioner's co-accused is concerned, the same can only be
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considered and ascertained at the appropriate stage of trial.
9. 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.
10. 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 16, 2024 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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