Punjab-Haryana High Court
Sukhwinder Singh Alias Sulkhan vs State Of Punjab on 21 March, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:041228
CRM-M-1659-2024 (O&M) 2024:PHHC:041232
CRM-M-8774-2024 (O&M) 2024:PHHC:041230
CRM-M-9453-2024 2024:PHHC:041228
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision : 21st of March, 2024
109+209 CRM-M-1659-2024 (O&M)
Mewa Singh ....Petitioner
Versus
State of Punjab ....Respondent
109+212 CRM-M-8774-2024 (O&M)
Jagsir Singh ....Petitioner
Versus
State of Punjab ....Respondent
213 CRM-M-9453-2024
Sukhwinder Singh @ Sulkhan ....Petitioner
Versus
State of Punjab ....Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Laghuinder S. Sekhon, Advocate
for the petitioner(s) in CRM-M Nos.1659 & 8774 of 2024.
Mr. Jashandeep S. Sandhu, Advocate
for the petitioner in CRM-M No.9453 of 2024.
Mr. Tarun Aggarwal, Sr. DAG, Punjab.
PANKAJ JAIN, J. (ORAL)
By way of this common order I intend to dispose off the afore-
captioned three bail petitions.
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Neutral Citation No:=2024:PHHC:041228
CRM-M-1659-2024 (O&M) 2024:PHHC:041232
CRM-M-8774-2024 (O&M) 2024:PHHC:041230
CRM-M-9453-2024 2024:PHHC:041228
2. The petitioners herein pray for grant of regular bail. All the
three petitioners are accused in the same FIR i.e. F.I.R. No.159 dated 29th of
July, 2021 registered for the offences punishable under Sections 22 and 25 of
Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station
Dirba, District Sangrur.
3. The contents of the FIR reads as under:
Copy of ruqa, SHO P.S. Dirba Sir today I ASI along with ASI
Gurpreet Singh 2408, ASI Darshan Singh 486, ASI Jagtar Singh
562, HC Davinder Singh 532/SGR, C-2 Sandeep Singh 989/SGR,
SC Naib Singh 1730/SGR, SC Manbir Singh 552/SGR in Govt.
vehicle bearing registration No. PB13-AW 4112 being driven by
ASI Jarnail Singh 391/SGR having laptop and Printer was present
at Grain Market Dirba in relation to checking of suspicious
persons and patrolling, meanwhile time around 02:20 p.m. a
secret informer came present and informed I ASI that Mewa
Singh son of Jit Singh resident of Selwala, Sukhwinder Singh @
Sulakhan son of Amar Singh resident of Selwala, Mohinder Ram
son of Puran Ram resident of Khanewala, Jaspal Singh son of
Kartar Ram, resident of Selwala and Jagsir Singh son of Leela
Ram resident of Chotian in connivance with each other are
habitual of bringing intoxicant tablets from Delhi and Uttar
Pradesh. They are doing the business of selling the same in the
areas of Dirba, Patran, Lehra, Sunam, Moonak, Khanauri etc and
in the nearby villages. Today said Mewa Singh, Sukhwinder
Singh Sulakhan, Jaspal Singh, Mohinder Ram and Jagsir Singh by
using vehicle made Dezire of white colour bearing registration
No. DL-04CAM-6768 will come from link road of village
Kakuwal and will go towards the main road of village Dirba,
Patran. If immediate picket can be conducted at T-point situated
on the link road of village Kakuwal then the above said persons
can be apprehended along with the said vehicle having in their
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Neutral Citation No:=2024:PHHC:041228
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CRM-M-9453-2024 2024:PHHC:041228
possession heavy quantity of intoxicant tablets. The information is
credible and reliable. The act of Mewa Singh, Sukhwinder Singh
@ Sulakhan, Jaspal Singh, Mohinder Ram and Jagsir Singh by
bringing intoxicant tablets for sale by using the said car fulfills the
ingredients of commission of offence under section 22/25/61/85
of NDPS Act. At time around 02:40 p.m. Inspector Satnam Singh
Incharge of CIA Staff B.S. Wala was telephonically informed
regarding the secret information and was requested to reach at the
spot or send some other competent officer at the spot. He replied
that ASI Jaswinder Singh 2119 and ASI Amritpal Singh 653 are
being sent to the spot for conducting further investigation. So
sending the ruqa to police station Dirba by hand C-2 Sandeep
Singh for registration of case under said offence against Mewa
Singh, Sukhwinder Singh @ Sulakhan, Jaspal Singh, Mohinder
Ram and Jagsir Singh. Kindly inform Incharge of Control Room
Sangrur via e-mail, I along with fellow policemen am going to
conduct the picket at link road of village Kakuwal. Today at Grain
Market Dirba. Time: 03:00p.m. Sd/- ASI Jagtar Singh. xxx"
4. By now all the three petitioners are behind bars for more than 2
years, 5 months and 8 days. Counsels for the petitioners do not dispute that
so far as petitioners Mewa Singh and Sukhwinder Singh @ Sulkhan are
concerned, they both have criminal antecedents and in view thereof,
Counsels are not pressing their bail petitions. However, qua petitioner Jagsir
Singh, Mr. Sekhon submits that he has clean antecedents and he was merely
travelling in the vehicle from which huge recovery was made and thus it will
be highly debatable as to whether Jagsir Singh can be said to be in conscious
possession of the contraband or not especially in the light of the fact that he
has no prior antecedents of having involved in any case under the NDPS
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CRM-M-9453-2024 2024:PHHC:041228
Act. Investigation was completed way back on 24th of January, 2022 and
charges were framed in March, 2022, yet by now only one prosecution
witness has been examined completely on 7th of November, 2022 and two
other have been partly examined on 23rd of October, 2023 and 5th of
December, 2023 out of 23 total cited witnesses.
5. Mr. Sekhon relies upon order passed by Apex Court in the case
of Rabi Prakash Vs. The State of Odisha passed in Special Leave to
Appeal (Crl.) No(s). 4169 of 2023 decided on 13.07.2023 wherein it has
been held as under :-
"4. As regard to the twin conditions contained in Section 37
of the NDPS Act, learned counsel for the respondent - State has
been duly heard. Thus, the 1st condition stands complied with. So
far as the 2nd condition re: formation of opinion as to whether
there are reasonable grounds to believe that the petitioner is not
guilty, the same may not be formed at this stage when he has
already spent more than three and a half years in custody. The
prolonged incarceration, generally militates against the most
precious fundamental right guaranteed under Article 21 of the
Constitution and in such a situation, the conditional liberty must
override the statutory embargo created under Section 37(1)(b)(ii)
of the NDPS Act."
6. Earlier to Rabi Prakash's case (supra) also Apex Court has
consistently held that the prolonged incarceration has to be considered
dehors bar contained under Section 37 of the NDPS Act. The Supreme Court
in order dated 22.08.2022 passed by the Supreme Court in Special Leave to
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CRM-M-9453-2024 2024:PHHC:041228
Appeal (Crl.) No.5530-2022 titled as "Mohammad Salman Hanif Shaikh
Vs. The State of Gujarat, had held as under:-
"We are inclined to release the petitioner on bail only on the
ground that he has spent about two years in custody and conclusion
of trial will take some time.
Consequently, without expressing any views on the merits
of the case and taking into consideration the custody period of the
petitioner, this special leave petition is accepted and the petitioner
is ordered to be released on bail subject to his furnishing the bail
bonds to the satisfaction of the Special Judge/ concerned Trial
Court.
The special leave petition is, accordingly, disposed of in the
above terms.
Pending application(s), if any, shall also stand disposed of."
7. The above-said case was also a case under the NDPS Act, 1985
and the FIR had been registered under Sections 8(c), 21(c) and 29 of the said
Act. The case of the prosecution therein was that the recovery from the said
petitioner (therein) was of commercial quantity. The Supreme Court had
observed that the concession of bail was granted to the petitioner (therein)
only on the ground that he had spent about two years in custody and the
conclusion of trial will take some time.
8. Supreme Court in order dated 07.02.2020 passed by the Hon'ble
Supreme Court in Criminal Appeal No.245/2020 titled as "Chitta Biswas
Alias Subhas vs. The State of West Bengal" was pleased to grant
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CRM-M-9453-2024 2024:PHHC:041228
concession of bail to the petitioner (therein) in a case where the custody was
of 1 year and 7 months approximately. The relevant portion of the said order
dated 07.02.2020 is as under: -
"Leave granted.
This appeal arises out of the final Order dated 30.7.2010
passed by the High Court of Calcutta in CRM No.6787 of 2019.
The instant matter arises out of application preferred by the
appellant under Section 439 Cr.P.C. seeking bail in connection with
Criminal Case No.146 of 2018 registered with Taherpur Police
Station for offence punishable under Section 21-C of the Narcotic
Drugs and Psychotropic Substances Act, 1985.
According to the prosecution, the appellant was found to be
in possession of narcotic substance i.e. 46 bottles of phensydryl
cough syrup containing codeine mixture above commercial
quantity.
The appellant was arrested on 21.07.2018 and continues to
be in custody. It appears that out of 10 witnesses cited to be
examined in support of the case of prosecution four witnesses have
already been examined in the trial.
Without expressing any opinion on the merits or demerits of
the rival submissions and considering the facts and circumstances
on record, in our view, case for bail is made out. We therefore,
allow this appeal and direct as under:
(a) Subject to furnishing bail bond in the sum of Rs.2
lakhs with two like sureties to the satisfaction of the Judge,
Special Court, NDPS Act, Nadia at Krishnagar, the
appellant shall be released on bail.
(b) The Special Court may impose such other
conditions as it deems appropriate to ensure the presence
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CRM-M-9453-2024 2024:PHHC:041228
and participation of the appellant in the pending trial. With
the aforesaid directions, the appeal stands allowed."
9. In order dated 05.08.2022 passed by the Supreme Court in
Criminal Appeal No.1169 of 2022 titled as "Gopal Krishna Patra @
Gopalrusma vs. Union of India," the Supreme Court was pleased to
observe as under: -
"Leave granted.
This appeal challenges the judgment and order dated
25.01.2022 passed by the High Court Of Madhya Pradesh,
Principal Seat at Jabalpur, in MCRC No.117/2022. The appellant is
in custody since 18.06.2020 in connection with crime registered as
N.C.B. Crime No.02/2020 in respect of offences punishable under
Sections 8, 20, 27-AA, 28 read with 29 of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
The application seeking relief of bail having been rejected,
the instant appeal has been filed.
We have heard Mr. Ashok Kumar Panda, learned Senior
Advocate in support of the appeal and Mr. Sanjay Jain,learned
Additional Solicitor General for the respondent.
Considering the facts and circumstances on record and the
length of custody undergone by the appellant, in our view the case
for bail is made out.
We therefore, direct that:
(a) The appellant shall be produced before the Trial
Court within five days from today.
(b) The Trial Court shall release the appellant on bail
subject to such conditions as the Trial Court may
deem appropriate to impose.
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(c) The appellant shall not in any manner misuse his
liberty.
(d) Any infraction shall entail in withdrawal of the
benefit granted by this Order.
The appeal is allowed in aforesaid terms."
10. In order dated 01.08.2022 passed by the Supreme Court in
Special Leave to Appeal (Crl.) No.5769/2022 titled as "Nitish Adhikary @
Bapan Vs. The State of West Bengal" Supreme Court has observed as
under: -
"As per the office report dated 29.07.2022, copy of the
show cause notice along with Special Leave Petition was supplied
to the Standing Counsel for the State of West Bengal and separate
notice has been served on the State also. However, no one has
entered appearance on their behalf.
The petitioner seeks enlargement on bail in F.I.R. No. 612
of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the
NDPS Act, registered at Police Station Bongaon, West Bengal.
During the course of the hearing, we are informed that the
petitioner has undergone custody for a period of 01 year and 07
months as on 09.06.2022. The trial is at a preliminary stage, as only
one witness has been examined. The petitioner does not have any
criminal antecedents.
Taking into consideration the period of sentence undergone
by the petitioner and all the attending circumstances but without
expressing any views in the merits of the case, we are inclined to
grant bail to the petitioner.
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The petitioner is accordingly, directed to be released on bail
subject to him furnishing bail bonds to the satisfaction of the Trial
Court.
The Special Leave Petition is disposed of on the aforestated
terms.
Pending application(s), if any, shall stand disposed of."
11. State Counsel is not in position to dispute the factual assertions
which are based on record.
12. Having heard rival contentions and after going through records
of the case, without commenting on the merits of the case, keeping in view
the incarceration suffered by the petitioner Jagsir Singh and the fact that the
investigation already stands concluded and Challan stands presented, the
petition i.e. CRM-M No.8774 of 2024 is allowed. Petitioner Jagsir Singh is
ordered to be released on bail on his furnishing bail bonds/surety bonds to
the satisfaction of the Trial Court/Duty Magistrate concerned.
13. However, in addition to conditions that may be imposed by the
Trial Court/Duty Magistrate concerned, petitioner Jagsir Singh shall remain
bound by the following conditions :-
(i) He shall not mis-use the liberty granted.
(ii) He shall not tamper with any evidence oral or
documentary during the trial.
(iii) He shall not absent himself on any date before the
trial.
(iv) He shall not commit any offence while on bail.
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(v) He shall deposit his passport, if any with the trial
Court.
(vi) He shall give his cellphone number to the police
authorities and shall not change his cell-phone
number without permission of the trial Court.
(vii) He shall not in any manner try to delay the trial.
14. In case of breach of any of the aforesaid conditions and those
which may be imposed by the Trial Court, the prosecution shall be at liberty
to move cancellation of bail of petitioner Jagsir Singh.
15. So far as the other two bail petitions filed by Mewa Singh and
Sukhwinder Singh @ Sulkhan i.e. CRM-M No.1659 of 2024 & CRM-M
No.9453 of 2024 are concerned, the same are ordered to be dismissed as not
pressed at this stage.
16. Needless to say that anything observed hereinabove shall not be
construed to be an expression of opinion on the merits of the case.
17. Pending application, if any, shall also stand disposed off.
18. A copy of this order be kept on the files of other connected
cases.
March 21, 2024 (Pankaj Jain)
Dpr Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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