Punjab-Haryana High Court
Harjit Singh Alias Jeet Singh vs State Of Punjab on 9 May, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:065511
CRM-M-14768-2024(O&M) -1- 2024:PHHC:065511
206
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-14768-2024(O&M)
Date of Decision: 09.05.2024
Harjit Singh @ Jeet Singh
....Petitioner
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. J.S. Dhaliwal, Advocate, for the petitioner.
Mr. Adeshwar Singh Pannu, AAG, Punjab.
****
JASGURPREET SINGH PURI, J. (Oral)
1. The present is a second petition filed under Section 439 of the
Code of Criminal Procedure for grant of regular bail to the petitioner in FIR
No.93 dated 23.07.2023, under Sections 22(c), 29/61/85 of NDPS Act,
registered at Police Station Raman, District Bathinda, Punjab.
2. Today, a status report has been filed by the learned State
counsel which is taken on recored.
3. Learned counsel for the petitioner has submitted that the
petitioner is in custody for 7 months and 25 days and investigation of the
case has been completed and thereafter, challan has been presented. He
submitted that the petitioner is not involved in any other case and has got
clean antecedents and it is a case where the petitioner has been falsely
implicated by the police. He submitted that the police had apprehended two
persons namely, Manjot Singh @ Malli and Paramjit Kaur wife of Balraj
Singh from a car from where there had been a recovery of 325 vials of
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Codeine Phosphate having the weight of 122.90 grams and during
interrogation on the basis of the disclosure statement made by the aforesaid
co-accused, the name of the petitioner was nominated.
4. Learned counsel referred to para No.14 of the affidavit filed by
the State today wherein it has been so stated that the petitioner is the cousin
brother of the aforesaid co-accused and he had taken scrap items at Delhi
and the co-accused had taken the intoxicant tablets and vials from the
present petitioner at Talwandi Sabo through their car. It was on the basis of
this disclosure statement of the co-accused that the name of the petitioner
was nominated. He further submitted that it has also been stated in the
affidavit that when the petitioner was apprehended, then from his canter
there was recovery of cold drinks and no intoxicant substance was
recovered from his canter and in the affidavit also, a reference has been
made to various phone calls between the co-accused and the petitioner,
whereas the petitioner is the cousin brother of the aforesaid co-accused as
per the reply and therefore, no adverse inference could have been drawn
with regard to the same in the present case. He submitted that considering
the custody and the fact that the petitioner has clean antecedents and the fact
that there was no recovery of any contraband from the petitioner, the bar
contained under Section 37 of the NDPS Act will not apply to the petitioner
and therefore, he may be considered for the grant of regular bail. He also
referred to a judgment of Hon'ble Supreme Court in Tofan Singh V/s. State
of Tamil Nadu [2021 (1) RCR (Criminal) 1] to contend that the disclosure
statement of a co-accused is not admissible in evidence.
5. On the other hand, Mr. Adeshwar Singh Pannu, learned AAG,
Punjab has submitted that so far as the custody of the petitioner is
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concerned, the same is correct and it is also correct that the petitioner is not
involved in any other case and has got clean antecedents and no recovery of
any contraband was effected from the present petitioner. He has however
submitted that since on the basis of disclosure statement of a co-accused, the
petitioner was also nominated and it was the petitioner who had supplied
the aforesaid contraband which was recovered from the co-accused.
6. I have heard the learned counsels for the parties.
7. It is a case where the petitioner has already faced incarceration
for 7 months and 25 days. Investigation of the case has been completed and
challan has been presented, as per learned counsel for the parties. The
petitioner is not involved in any other case and has got clean antecedents, as
per learned counsel for the parties. The name of the petitioner has been
nominated on the basis of the disclosure statement of a co-accused namely,
Manjot Singh @ Malli. No recovery of any contraband has been effected
from the present petitioner. It is a settled law that the disclosure statement of
a co-accused and that too before a police officer is not admissible in
evidence. A perusal of para No.14 of the affidavit would show that the
disclosure statement was made before SI Gurinder Singh. Apart from the
above, it is so stated that in the affidavit that the petitioner is the cousin
brother of the other co-accused who was apprehended and therefore, no
such reliance would have been placed upon the inter-se telephone calls.
Therefore, this Court is of the considered view that the bar of Section 37 of
the NDPS Act will not apply to the petitioner because there was no recovery
from the petitioner and also it was only on the basis of disclosure statement
and there is no material to connect the petitioner at this stage, apart from the
disclosure statement.
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8. Therefore, considering the totality of facts and circumstances
of the present case, this Court deems it fit and proper to grant regular bail to
the petitioner.
9. Consequently, the present petition is allowed. The petitioner
shall be released on regular bail subject to furnishing bail bonds/surety to the
satisfaction of the learned trial Court/Duty Magistrate concerned, if not
required in any other case.
10. However, anything observed hereinabove shall not be treated as
an expression of opinion on merits of the case and is meant for the purpose
of deciding the present petition only.
09.05.2024 (JASGURPREET SINGH PURI)
rakesh JUDGE
Whether speaking : Yes/No
Whether reportable : Yes/No
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