Punjab-Haryana High Court
Major Singh vs State Of Punjab on 13 May, 2024
Author: Alka Sarin
Bench: Alka Sarin
-1-
CRM-M-13788-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
225 CRM-M-13788-2024 (O&M)
Reserved on : 08.05.2024
Pronounced on : 13.05.2024
MAJOR SINGH ....Petitioner
VERSUS
STATE OF PUNJAB ....Respondent
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Riffi Birla, Advocate for the petitioner.
Mr. Jasjit Singh, DAG Punjab for the respondent.
ALKA SARIN, J.
1. The present petition has been filed under Section 439 of the
Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner
in FIR No.04 dated 08.08.2019 under Sections 21/61/85 and Sections 22/27
and 29 (added later on) of the Narcotic Drugs and Psychotropic Substances
Act, 1985 registered at Police Station SSOC Fazilka, District Fazilka.
2. Learned counsel for the petitioner would contend that the
petitioner has falsely been implicated in the present case and has been in
custody for a period of 10 months and 12 days and that there is no other case
registered and/or pending against the petitioner. Learned counsel would
further contend that the co-accused were granted bail in the present case vide
order dated 31.05.2022 passed in CRM-M-10319-2022 titled as Malook
Singh Vs. State of Punjab and vide order dated 31.10.2022 passed in CRM-
integrity of this judgment/order.
CRM-M-13788-2024
M-32957-2022 titled as Sukhchain Singh @ Chaina Vs. State of Punjab.
Learned counsel would further contend that though the petitioner was stated
to have been apprehended with Heroin, however, on receipt of the FSL
Report it transpires that the same was Tramadol Hydrochloride.
3. Per contra, learned counsel for the State has referred to the
status report filed by way of affidavit dated 07.05.2024 of Varanjit Singh,
PPS, Deputy Superintendent of Police, State Special Operation Cell, Fazilka
to contend that the FIR was registered against three accused persons namely,
Sukhchain Singh @ Chaina his brother, namely, Major Singh (the petitioner
herein) and his father, namely, Malook Singh on the statement of ASI Rohit
Marufia. It is further averred that on 08.08.2019 ASI Deepak Kumar along
with Constable Mukhtiar Singh and Constable Iqbal Singh were present in
the Office at Counter Intelligence, Sub Unit, Mamdot. Sh. Raj Kumar
Mekla, Deputy Commandant 29 Battalion, BSF Mamdot came and told them
that he was posted at Mamdot area on secret duty and a secret informer came
and informed him that accused, namely, Sukhchain Singh @ Chaina, Major
Singh (the petitioner herein) and Malook Singh were smuggling Heroin and
had links with Pakistani smugglers and used to import Heroin on the Indo-
Pak Border from Pakistani smugglers by contacting them through phone and
internet. It was also informed that the accused persons including the
petitioner had imported Heroin from Pakistani smugglers near their house
and if they are apprehended and strictly interrogated, Heroin could be
recovered. On the basis of the said information, raids were conducted where
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CRM-M-13788-2024
the accused were apprehended and arrested. Along with the status report, the
FSL Report has also been appended. A perusal of the FSL Report reveals
that the ingredients have been mentioned as Tramadol Hydrochloride.
Custody certificate has also been filed and as per the custody certificate the
petitioner has been in custody for a period of 10 months and 12 days and
there is no other case registered and/or pending against the petitioner.
Learned counsel for the State would further contend that the petitioner had
been declared as a Proclaimed Offender on 23.07.2021 and was later
apprehended on 27.06.2023 and hence it is not a fit case for grant of regular
bail. It has further been pointed out that out of 8 prosecution witnesses, 3
stand examined. Learned counsel for the State is not in a position to deny the
fact that both the co-accused have since been granted regular bail by this
Court.
4. Heard.
5. In the present case both the co-accused, namely, Sukhchain
Singh @ Chaina and Malook Singh have since been granted regular bail by
this Court vide orders dated 31.05.2022 passed in CRM-M-10319-2022 and
dated 31.10.2022 passed in CRM-M-32957-2022. The case set up by the
State was that Heroin had been recovered in a polythene bag which had been
buried at the back of the house. The said packet, which was recovered, was
sealed and after following the due procedure was sent for analysis by the
FSL. As per the FSL Report the ingredients of the recovered powder were
found to be Tramadol Hydrochloride. There is no other case registered
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and/or pending against the petitioner. Out of 8 witnesses, only 3 have been
examined till date. The petitioner has been in custody for a period of 10
months and 12 days. The trial is likely to take some time to conclude and no
useful purpose would be served by keeping the petitioner behind the bars
any further.
6. Keeping in view the custody of the petitioner and in view of the
above and without commenting upon the merits of the case, this Court
deems it to be a fit case to grant the concession of regular bail to the
petitioner. The petitioner is directed to be released on bail subject to his
furnishing heavy bail bonds/surety bonds to the satisfaction of the Illaqa
Magistrate/Duty Magistrate/Trial Court concerned.
7. However, the Prosecution will always be at liberty to apply for
cancellation of bail in case the petitioner is found to be misusing the
concession of bail in any manner.
8. It is also made clear that any observation made herein shall not
be treated as an expression of opinion on the merits of the case.
9. Disposed off. Pending applications, if any, also stand disposed
off.
13.05.2024 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this judgment/order.
