Punjab-Haryana High Court
Nandan Singh @ Nadan @ Dhani vs State Of Haryana on 8 January, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:001164
2024:PHHC:001164
CRM-M-55751-2023 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(212)
CRM-M-55751-2023
Date of decision:- 08.01.2024
Nandan Singh @ Nadan @ Dhani ... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Manvinder Sidhu, Advocate
for the petitioner.
Mr. Sharad Aggarwal, DAG, Haryana
for State-respondent.
****
SUVIR SEHGAL, J. (ORAL)
1. This is the second petition filed under Section 439, Cr.P.C.
seeking grant of post-arrest bail in:-
FIR Dated Police Station Sections
No.
0067 24.06.2020 Rori, District Sirsa 22 (c) of the NDPS Act
2. Version of the prosecution is that FIR has been registered on the
basis of suspicion and a motorcycle with three riders was intercepted. Bhola
Singh was driving the two wheeler with Ranjit Singh and Harmandeep
Singh @ Boora sitting behind. On examination of the contents of the plastic
bag carried by Ranjit Singh, it was found to contain 1390 tablets of
Tramadol Hydrochloride of 100 mg each.
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3. Counsel for the petitioner contends that the petitioner has not
been named as an accused in the FIR. He submits that on the disclosure
statement of the above mentioned three accused, one, Dhani Singh, present
petitioner, was arrested, who in his statement recorded in custody, stated
that the contraband was supplied by Kulwinder Singh @ Mor. Counsel
urges that the statement made by an accused in custody is not admissible in
evidence. He has placed reliance upon the judgment of the Hon'ble
Supreme Court in Tofan Singh Versus State of Tamil Nadu, 2021 (4) SCC
1. By referring to order dated 05.10.2020 passed by this Court, counsel
submits that the petitioner was released on interim bail as FSL report was
awaited and the petitioner surrendered back on time. Counsel submits that
the petitioner has been falsely implicated due to political rivalry at the
village level.
4. Per contra, State counsel, upon instructions received from ASI,
Balwinder Singh, has opposed the petition and has submitted that the total
weight of the contraband recovered is 1168.99 gm and it falls within the
ambit of commercial quantity. He asserts that rigor of Section 37 of the
NDPS Act will apply. He could not dispute that no recovery has been
effected from the petitioner in the present case. As per his instructions, four
out of eleven prosecution witnesses have been examined.
5. I have heard counsel for the parties and considered their
respective submissions.
6. Undisputedly, petitioner was not found in possession of any
prohibited substance. As per Custody Certificate dated 05.01.2024, which
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has been filed by the State, petitioner is in detention for the last more than
twenty six months and he is not involved in any other criminal activity.
Trial is at a nascent stage and most of the prosecution witnesses are yet to
be examined. Keeping in view the above facts, this Court is prima facie of
the view that the petitioner deserves to be enlarged on bail.
7. Without adverting to the merits or demerits of the arguments
addressed by counsel for the parties, petition is allowed. Petitioner is
ordered to be released on bail on furnishing adequate bail/surety bonds to
the satisfaction of the Area Magistrate/Duty Magistrate/Trial Court
concerned.
8. It is clarified that nothing said hereinabove shall be construed to
be an expression of opinion on the merits of the case.
(SUVIR SEHGAL)
JUDGE
08.01.2024
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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