Punjab-Haryana High Court

Lakhwinder Singh Alias Lakha vs State Of Punjab on 7 May, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                      Neutral Citation No:=2024:PHHC:063470


CRM-M-22736-2024                              1            2024:PHHC:063470

104

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                                                    CRM-M-22736-2024
                                                    DECIDED ON: 07.05.2024

LAKHWINDER SINGH ALIAS LAKHA
                                                           .....PETITIONER

                                     VERSUS

STATE OF PUNJAB
                                                           .....RESPONDENT

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:    Mr. Impinder Singh, Advocate
            for the petitioner.

            Mr. Rajiv Verma, DAG, Punjab.

        *****
SANDEEP MOUDGIL, J. (ORAL)

1. The jurisdiction of this Court under Section 438 of Cr.P.C. for the

grant of anticipatory bail to the petitioner has been invoked in FIR No.33 dated

14.04.2024 under Section 15 of NDPS Act 1985, registered at Police Station

Dirba, District Sangrur.

FIR Contents:

Copy of Ruqa, "SHO Police Station Dirba, Today I SI along with HC Gurdeep Singh 160/Sang, HC Gurmeet Singh 916/Sang, C. Bharpur Singh 744/Sang and C Kuldeep Sharma 683/Sang along with laptop, printer on a government vehicle No. PB-13-BE-3707 whose driver was C Anwar Khan 817/Sang were on patrolling and in search suspicious persons and suspicious vehicles were going on Dirba Kohrian Road going towards Village Camper, the time will be around 07:30 AM when the police party reached about 2 km from Dirba in the area of Camper, then a truck number PB-13-BE-6302 brand Ashok Leyland was seen standing, in which two young men were seen sitting in the cabin of the truck carrying a heavy plastic bag. On suspicion I SI reached near them and by stopping vehicle apprehended above said persons with the help of colleagues and

1 of 6

Neutral Citation No:=2024:PHHC:063470

CRM-M-22736-2024 2 2024:PHHC:063470

asked about their name and address and the person sitting on a driver seat disclosed his name Lakhvir Singh alias Lakhu son of Jarnail Singh resident of near Hari Om Palace Rogla police station Dirba and the person sitting on conductor side disclosed his name as Amritpal Singh alias Sukhchain son of Jagtar Singh resident of Ratto ke police station Longowal. The cabin of Ashok Leyland truck number PB-13-BE-6302 was searched and after checking 4 bags of plastic weights with their mouths open, in which poppy husk was visible. I SI made an attempt to join a private witness in the investigation, but no private witness joined the investigation due to their personal problems. Then I SI prepared the prepared the different notice u/s 50 of the NDPS act regarding the search of Lakhvir Singh @ Lakhu and amritpal Singh @ sukhchain Singh and truck in their possession and 4 plastic bags placed in the cabin of the above numbered truck.

Lakvir Singh @ Lakhu and and Amritpal Singh @ Sukhchain Singh marked their signatures on it and HC Gurdeep Singh 160/Sang and HC Gurmeet Singh 916/Sang: singed on it as witnesses. Then I SI checked the 4 bags of plastic color white belonging to Lakhvir Singh alias Lakhu and Amritpal Singh alias Sukhchain placed in the cabin of above numbered Truck. From which Poppy husk was recovered, which was weighed with electronic scale and which was found 25/25 kg total 100 kg of poppy husk including plastic bags. Which were numbered from 1 to 4 respectively. Then I SI prepared 4 Parcel of the recovered poppy husk in the same plastic bags. I Stamped all the 4 parcels with my seal letter PS. Sample stamps prepared separately. After using the stamps, the stamp was handed over to HC Gurdeep Singh 160/Sang. Then I SI checked the truck of the above said accused persons bearing number PB-13-BE-6302 mark Ashok Leyland, then from the cabin of the truck, then the bills of the loaded goods were recovered and according to the bill number 6737 dated 12-04-2024 TAX INVOICE NO. TRNS/G/2425/0027 dated 12.04.2024 through Deepak Spinners Limited Pagara Guna M.P. Issued in the name of Abadi Jujhar Singh Nagar Rahon Road, Ludhiana, from which 184 Bags Yarn are loaded and total value of Rs.13,53,234/- is shown. The goods are loaded inside the body of the truck as per the bills. Then I ASI taken 4 bags of plastic 25/25 kg of poppy husk duly stamps, including sample stamps, truck number PB- 13-BE-6302, mark Ashok Leyland, loaded with the above said goods Along with the tarpaulin and the rope, the bills were taken into possession of the police as evidence by preparing separate recovery memo. HC Gurdeep Singh 160/Sang: and HC Gurmeet Singh 916/Sang: gave their own testimony as witnesses. Lakhvir Singh 2 of 6

Neutral Citation No:=2024:PHHC:063470

CRM-M-22736-2024 3 2024:PHHC:063470

alias Lakhu and Amritpal Singh alias Sukhchain by keeping poppy husk in their possession complete the ingredients of committing the offense under section 15/61/85 ND&PS ACT, so I SI by writing a Ruqa for registeration of FIR under section 15/61/85 ND&PC ACT against Lakhvir Singh @ Lakhu and Amritpal Singh alias Sukhchain above is being sent to the police station Dirba by hand through constable Kuldeep Sharma 683/Sang. After registration of FIR, the number of FIR be intimated. Control room Sangrur be informed. I SI alongwith colleagues are busy in the investigation. Area Village Camper time 10: am sd/- Prem Singh ASI CIA Sangrur. Dated 14.04.2024. after receiving the ruqa FIR under the above said sections against above said persons has been registered. Records were maintained. Original ruqa along with copy of FIR is being sent through C Kuldeep sharma 683/Sang to ASI Prem Singh 1598/Sang CIA Sangrur for further investigation. Incharge control room is being informed through E-mail.

2. Learned counsel for the petitioner contends that petitioner has

been falsely implicated in the present case and he has no concern with the

recovered contraband i.e. 100 kg of poppy husk. He further contends that

petitioner is neither the owner of the truck nor was present at the spot and has

been implicated on the basis of the disclosure statement of the co-accused.

3. Notice of motion.

4. On the asking of the Court, Mr. Rajiv Verma, DAG, Punjab accepts

notice on behalf of the respondent-State, who vehemently opposes the concession

of the anticipatory bail on the ground that petitioner along with one other co-

accused or apprehended from the spot and 100 kg of poppy husk were recovered

from the truck bearing registration No.PB-13BE-6302 which is commercial in

nature. Moreover, petitioner is a habitual offender and 8 FIRs are already

pending against the petitioner.

5. To record 'finding of innocence' for granting the relief of

anticipatory bail to the petitioner, this court is not called upon to record a finding

of not guilty and it is only required to see if there are reasonable grounds of its

3 of 6

Neutral Citation No:=2024:PHHC:063470

CRM-M-22736-2024 4 2024:PHHC:063470

belief. It does not mandate the court to enter into a domain as if it is pronouncing

a judgment of acquittal and recording a finding of not guilty. Such an exercise, if

conducted by the court, is likely to defeat the prosecution case even before a trial

is concluded.

6. The Court is also not expected to weigh the evidence for arriving at

a finding as to whether the accused has committed an offence under the NDPS

Act or not. The entire exercise that the Court is expected to undertake at this

stage is for the limited purpose of releasing him on bail. Thus, the focus is on the

availability of "reasonable grounds" for believing that the accused is not guilty of

the offences that he has been charged with and he is unlikely to commit an

offence under the Act.

7. The Hon'ble Supreme Court elaborated the expression "reasonable

ground" in 'Customs, New Delhi v Ahmadalieva Nodira' 2004 (2) RCR

(Criminal) 192 and 'State of Kerala v Rajesh' 2020 (1) RCR (Criminal) 818,

which can be read as under:

"7. The limitations on granting of bail come in only when the question of granting bail arises on merits. Apart from the grant of opportunity to the Public Prosecutor, the other twin conditions which really have relevance so far as the present accused respondent is concerned, are: the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. The conditions are cumulative and not alternative. The satisfaction contemplated regarding the accused being not guilty has to be based on reasonable grounds. The expression "reasonable grounds" means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence.

                                         [emphasis added]


                                     4 of 6

                                       Neutral Citation No:=2024:PHHC:063470


CRM-M-22736-2024                               5            2024:PHHC:063470

21. The expression "reasonable grounds" means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence."

8. Further Section 37 of the NDPS Act, envisaged to twin

conditions: The court's satisfaction that there were reasonable grounds for

believing that the accused was not guilty; and he was not likely to commit any

offence while on bail.

9. The statute used "three expressions" -- "the court is satisfied";

"reasonable grounds", and "believing that the accused is not guilty", and as such,

it does not restrain the Court from exercising its jurisdiction. The requirement of

recording reasons would not mean to record in writing establishing that an

accused is innocent'. Hence it is the subjective satisfaction of the court based on

an objective assessment of the material brought before it for giving a reasonable

ground to sustain a belief.

10. This Court is also obvious of the prevailing circumstance, wherein

drug abuse is a social malady. While drug addiction eats into the vitals of the

society, drug trafficking not only eats into the vitals of the economy of a country,

but to the economy of the State/country by generating illicit money. The drug

peddlers have successfully destroyed not only the social fabric of the society but

finishing the youth, who are future generation of the country. Such accused need

to be dealt with firmly and sternly with no sympathy to be shown to them

particularly in the case in hand, wherein the petitioner is involved in smuggling

of dangerous contraband at the international borders.

11. In view of the above discussion made and the fact that the recovered

contraband i.e. 100 kg of poppy husk falls under the commercial quantity the

5 of 6