Punjab-Haryana High Court
Resham Pal Alias Pale vs State Of Haryana on 5 March, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:031572
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-10693-2024 (O&M)
Date of Decision: 05.03.2024
Resham Pal @ Pale ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Abhimanu Jangra, Advocate, for the petitioner.
Mr. Ramender Singh Chauhan, AAG, Haryana
FIR No. Dated Police Station Section/s
437 17.12.2020 Saran, District 22(c) & 61 of the NDPS Act
Faridabad and 18A, 18(c), 27 & 28 of the
Drugs and Cosmetics Act
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of aforementioned
FIR.
2. As per the case of the prosecution, the petitioner was apprehended
pursuant to receipt of a secret information, while in possession of 55
injections of Leegesic Buprenorphine IP 2 ml each and 55 injections of
Avil Pheniramine Maleate IP 10 ml each.
3. Learned counsel for the petitioner has submitted that the petitioner has
falsely been implicated in the present case. It has further been submitted
that the petitioner has been behind bars for a substantial period of more
than 3 years & 2 months and that since the trial is proceeding at snail's
pace, the petitioner deserves the concession of regular bail.
CRM-M-10693-2024 (O&M) -2-
4. On the other hand, learned State counsel has submitted that since the
petitioner was caught red handed at the spot and huge quantity of
contraband was recovered from him, he does not deserve the concession
of bail. Learned State counsel has, however, informed that the petitioner
has been behind bars since the last about 3 years, 2 months & 17 days.
Learned State counsel has also informed that the petitioner stands
involved in other cases, but not under the NDPS Act.
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 No. Date of Title of case Period which the
Decision accused had
undergone when
granted bail by
Hon'ble Supreme
Court
Criminal Appeal 07.02.2020 Chitta Biswas @ Subhas 1 year & 7 months
No.245/2020 Vs. The State of West
Bengal
Criminal Appeal 12.10.2020 Amit Singh Moni Vs. State 2 years & 7 months
No.668/2020 of Himachal Pradesh
Special Leave to 01.08.2022 Nitish Adhikary @ Bapan 1 year & 7 months
Appeal (Criminal) Vs. The State of West
No.5769/2022 Bengal
Special Leave to 04.08.2022 Shariful Islam @ Sarif Vs. 1 year & 6 months
Appeal (Criminal) The State of West Bengal
Criminal Appeal 05.08.2022 Gopal Krishna Patra @ 2 years, 1 month &
No.1169/2022 Gopalrusma Vs. Union of 17 days
India
Special Leave to 22.08.2022 Mohammad Salman Hanif About 2 years
Appeal (Criminal) Shaikh Vs. The State of
No.5530/2022 Gujarat
Criminal Appeal 22.11.2022 Karnail Singh Vs. The 1 year & 8 months
No.2027-2022 State of Odisha
Special Leave to 25.11.2022 Karim Adaldar Vs. The 10 months
Appeal (Criminal) State of West Bengal
No.8653-2022
CRM-M-10693-2024 (O&M) -3-
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. The Hon'ble Supreme Court vide order dated 15.03.2023 passed in
SLP(Criminal) No.1166/2023 titled 'Chet Ram @ Ram Veer Vs. Union of
India' has also granted bail to the accused on account of long custody,
though he was also involved in another case under NDPS Act.
9. Recently, the Hon'ble Supreme Court vide order dated 04.05.2023 passed
in SLP (Crl.)No.(s)3221/2023 titled 'Hasanujjaman & othes Vs. The
State of West Bengal' has also granted bail to three accused in a case
registered under the NDPS Act where the accused alongwith co-accused
were found in possession of 115 bottles of phensedyl (100 ml. each) and
had been behind bars since the last 1 year & 4 months while observing
that in the absence of any criminal antecedents, there is substantial
compliance of Section 37 of the NDPS Act.
10. Keeping in view the totality of the facts and circumstances of the case
particularly the long custody of the petitioner i.e. about 3 years, 2 months
CRM-M-10693-2024 (O&M) -4-
& 11 days and the fact that only 3 PWs out of cited 13 PWs have been
examined so far, the petition merits acceptance and is hereby accepted.
11. The petition, as such, is allowed and the petitioner is ordered to be
released on regular bail on his furnishing bail bonds/surety bonds to the
satisfaction of learned trial Court/Chief Judicial Magistrate/Duty
Magistrate concerned.
12. 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.
05.03.2024 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
