Punjab-Haryana High Court
Bohar Singh vs State Of Punjab on 10 January, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:002651
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-10566-2022 (O&M)
Date of Decision:- 10.01.2024
Bohar Singh ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Jashandeep Singh Sandhu, Advocate,
for the petitioner.
Mr. C.L.Pawar, Addl. AG, Punjab.
*****
FIR DATE POLICE STATION OFFENCES
NO.
95 11.07.2021 Khuian Sarwar, District 15/61/85 of NDPS Act
Fazilka
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in a case registered in a case
arising out of above mentioned FIR.
2. The allegations in nutshell are that the petitioner was found in
possession of 4 bags of 'Poppy Husk' weighing 25 kgs each totaling
100 kgs.
3. It has been submitted by learned counsel that he has falsely been
implicated in the present case. It has further been submitted that trial
is proceeding at snail's pace and despite the fact that the petitioner has
been behind bars since the last about 2 years, 4 months and 28 days,
no progress has been made in the trial till date. Learned counsel also
submits that the petitioner otherwise has a clean record and is not
involved in any other case under NDPS Act.
CRM-M-10566-2022 (O&M) -2- 2024:PHHC:002651
4. Opposing the petition, learned State counsel has submitted that it is a
case of recovery of 'commercial quantity' of 'Poppy Husk' and as
such the fetters imposed by Section 37 of NDPS Act would be
attracted. Learned State counsel has however, informed that the
petitioner as on date has been behind bars since the last about 2 years,
4 months and 28 days and is not involved in any other case. It has
also been informed that as on date only 3 out of cited 14 PWs have
been examined.
5. This Court has considered rival submissions.
6. Since the petitioner seeks grant of bail mainly on account of long
custody, it is apposite to refer to a few judgments of Hon'ble Supreme
Court in this regard wherein Hon'ble Supreme Court has granted the
concession of bail solely on ground of long custody:
Case Date of Title of Case Period which the
Number Decision accused had undergone
when granted bail by
Hon'ble Supreme Court.
Criminal 07.02.2020 Chitta Biswas @ 1 year and 7 months
Appeal No. Subhas Vs.
245/2020 the State of West
Bengal
Criminal 12.10.2020 Amit Singh Moni Vs. 2 years and 7 months
Appeal No. State of
668/2020 Himachal Pradesh
Special 01.08.2022 Nitish Adhikary @ 1 year and 7 months
Leave Bapan Vs.
to Appeal the State of West
(Crl.) No. Bengal
Special 04.08.2022 Shariful Islam @ Sarif 1 year and 6 months
Leave Vs.
to Appeal the State of West
(Crl.) No. Bengal
4173 of
Criminal 05.08.2022 Gopal Krishna Patra @ 2 years 1 month and 17
Appeal No. Gopalrusma Vs. Union days
1169 of of
2022 India
CRM-M-10566-2022 (O&M) -3- 2024:PHHC:002651
Special 22.08.2022 Mohammad Salman About 2 years
Leave Hanif
to Appeal Shaikh Vs. the State of
(Crl.) No. Gujarat
5530-2022
Criminal 22.11.2022 Karnail Singh Vs. The 1 Year and 8 months
Appeal No. State of Odisha
2027-2022
Special 25.11.2022 Karim Adaldar Vs. The 10 months
Leave to State of West Bengal
Appeal
(Crl.) No.
8653-2022
7. Hon'ble Supreme Court in yet another judgment dated 25.01.2023
arising out of SLP No.6690-2022 titled Dheeraj Kumar Shukla Vs.
State of Uttar Pradesh has granted bail in a case registered under the
NDPS Act where the accused alongwith co-accused was found in
possession of 'commercial' quantity of Ganja and had been behind
bars since the last two and a half years while observing that in the
absence of any criminal antecedents, the conditions of Section 37 of
the NDPS Act could be dispensed with at that stage, particularly when
there was delay in conclusion of trial.
8. Without commenting anything as regards the merits of the case of the
prosecution but having regard to the long custody of the petitioner
and the fact that there has been no progress in the trial inasmuch as
only 3 out of cited 14 PWs have been examined till date, further
detention of the petitioner who otherwise has a clean record and is
around 60 years old, would not be justified. The petition, as such, is
accepted and the petitioner is ordered to be released on bail subject to
his furnishing bail bonds to the satisfaction of learned trial
Court/Chief Judicial Magistrate/Duty Magistrate concerned.
CRM-M-10566-2022 (O&M) -4- 2024:PHHC:002651
9. It is, however, directed that in case the petitioner is found to be
indulging in similar offence again, the prosecution would be at liberty
to move an application for cancellation of bail before this Court.
10.01.2024 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
