Punjab-Haryana High Court
Ravinder Singh @ Ravi vs State Of Punjab on 7 November, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:144882
CRM-M-51825-2023 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.225 CRM-M-51825-2023 (O&M)
Date of decision : 07.11.2024
Ravinder Singh @ Ravi ..... Petitioner
VERSUS
State of Punjab ..... Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. J.S. Sandhu, Advocate for the petitioner.
Mr. R.S. Thind, DAG, Punjab.
*****
KIRTI SINGH, J. (Oral)
The jurisdiction of this Court under Section 439 Cr.P.C. has
been invoked for grant of regular bail to the petitioner in case FIR No.174
dated 17.10.2022, under Sections 21(c), 25 & 29 of NDPS Act, 1985,
registered at Police Station City Rampura, District Bathinda.
2. The relevant part of the FIR is reproduced below:-
"To Station House Officer, P.S City Rampura, today I
ASI along with ASI Gurdev Singh 691/Bathinda, Head
Constable Gurpreet Singh 1199, Head Constable Sukhwinder
Singh 1963, Lady Constable Amandeep Kaur 236 and PHG
Soma Singh 10852 in government vehicle Scorpio no.PB03W-
5985 which was being driven by Head Constable Sukhwinder
Singh 1963 was present at Phool Road Wali Dana Mandi
within jurisdiction of Mandi Rampura for patrolling and
checking of suspected persons and Dana Mandis. When the
vehicle of police party reached backside of office of Chairman,
Market Committee, then a white colour car make i-20 was seen
parked at the corner of Dana Mandi, in which a woman and a
Hindu gentleman were seen sitting, who on seeing the police
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party tried to flee after starting the vehicle. The vehicle stopped
in a hurry, upon which I ASI by stopping the vehicle alighted
from it and with the help of co-officials apprehended the young
man and the woman. One person came at the spot, who was
informed about the facts and who on asking told his name as
Kushhal Singh Panch son of Sher Singh, resident of Kothe
Kapahan Wale, village Mehraj. Then ASI asked the name of
young person sitting on the driver seat who told his name as
Ravinder Singh @ Ravi son of Amarjit Singh son of Jagdish
Singh, resident of Farid Nagar, Gali no.04, Mandi Rampura &
the woman sitting on the conductor seat told her name as
Manpreet Kaur wife of 1 Lakhwir Singh son Satpal Singh,
resident of Kora Patti Dhipali at present (house of Guddi
Sunyari), Farid Nagar, Gali no.04, Mandi Rampura. I ASI after
informing about my name and rank turn by turn to said
Ravinder Singh and Manpreet Kaur informed that my name is
Gurtej Singh. I am ASI in Punjab Police & posted as
Investigating Officer in P.S City Rampura. I am wearing the
uniform of this rank. The right pocket of my uniform bears my
name plate and my uniform bears the batch according to my
rank. I have doubt about some intoxicating material in the
black.colour envelope lying in your middle near Gear Box of
your white colour car i-20 bearing no.PB40A-2813, search of
which is to be conducted as per Narcotic Substances Act. But
you have right to get yourself searched in the presence of any
Magistrate or any Gazetted Police Officer and either they can
be called or you can be taken to them. On this, Ravinder Singh
and Manpreet Kaur were informed by preparing separate
notices under Section 50 of NDPS Act upon which Ravinder
Singh, Manpreet Kaur and the witnesses put their signatures.
They told separately that they want to get, search of their
person and the car in their possession and the black colour
envelope lying therein, searched from Gazetted Police Officer.
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On this dissenting memos were prepared separately, on which
the suspects and the witnesses put their signatures. Then I ASI
informed DCR, Bathinda through mobile phone that some
Gazetted Officer be sent at the spot upon which Sh. Ashwant
Singh, Deputy Superintendent of Police, S.D. Rampura along
with his staff reached at the spot on government vehicle Balero
bearing no. PB65AX-5416, who was informed by me ASI about
the facts, who asked the name and address of young person and
the woman turn by turn and they told their name turn by turn as
Ravinder Singh @ Ravi son of Amarjit Singh son of Jagdish
Singh, resident of Farid Nagar, Gali no.04, Mandi Rampura
and the woman sitting on the conductor seat told her name as
Manpreet Kaur wife of Lakhvir Singh son of Satpal Singh,
resident of Kora Patti Dhipali, at present (house of Guddi
Suniyari), Farid Nagar, Gali no.04, Mandi Rarapura. He by
informing Ravinder Singh and Manpreet Kaur about his name
and rank told that my name is Ashwant Singh. I am DSP in
Punjab Police and a Gazetted Officer of Punjab State. I am
posted as Deputy Superintendent of Police at Rampura Phool
and I am wearing the uniform of this rank. The right pocket of
my uniform bears my name plate and my uniform bears the
batch according to my rank. I have doubt about some
intoxicating material in the black colour envelope lying in your
middle near Gear Box of your white colour car i-20 bearing
no.PB40A-2813, search of which is to be conducted as per
Narcotic Substances Act. But you have right to get yourself
searched in the presence of any Magistrate or any Gazetted
Police Officer and either they can be called or you can be taken
to them. On this, Ravinder Singh and Manpreet Kaur were
informed by preparing separate notices under Section 50 of
NDPS Act upon which Ravinder Singh, Manpreet Kaur and the
witnesses put their signatures. Ravinder Singh and Manpreet
Kaur said that we have faith in you. We want to get ourselves
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and the vehicle in our possession and black colour envelope
lying near gear searched here in your ence. On this consent
memos were prepared presence. separately and got signed from
witnesses, Ravinder Singh and Manpreet Kaur. Then I ASI as
per directions of the DSP, searched the black colour envelope
lying in the car in the possession of Ravinder Singh and
Manpreet Kaur. Then Heroin/Chitta was recovered from it,
which was weighed by ASI through computerized weighing
machine and the weight of Heroin/Chitta along with envelope
was found to be 345 grams. I ASI by putting the same in the
same envelope and tied the envelope with rubber band and
prepared Pullanda. The Pullanda was sealed by me ASI with
my seal JS. Sample seal was prepared separately and on
showing inability by private witnesses, the seal after use was
handed over to Sl Gurdev Singh. Sample Pullanda of
Heroin/Chitta sealed with seal and sample seal were verified by
DSP. Then I ASI checked the car i-20 upon which the car
number affixed on the front and back of the car was found to be
PB40A-2813 and Chasis number as 80874 and Engine number
as 32602. Then I ASI searched the car but no document
regarding ownership was found in it. Then I ASI took into
police possession the Pullanda Heroin/Chitta sealed with seal
along with sample seal and car i-20 bearing no.PB40- A02813
vide separate possession memos. The memo was signed by
witnesses and DSP verified the same. Ravinder Singh and
Manpreet Kaur could not produce any permit or licence at the
spot for possessing the Heroin/Chitta in their...possession. They
committed the offence under Section 21C/61/85 of NDPS Act by
keeping the Heroin/Chitta in their possession. On this rukka for
registration of case against Ravinder Singh and Manpreet Kaur
is sent to police station through PHG Soma Singh. FIR number
be informed after registration of case. Special reports be
issued. DCR Bathinda be informed. I ASI along with co-
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officials have been busy in investigation at the spot. Today
Dana Mandi Phool road, within jurisdiction Mandi Rampura,
time: 08.50 PM Sd/- Gurtej Singh ASI, P.S.City Rampura"
3. Learned counsel for the petitioner inter alia submits that the
petitioner has been falsely implicated in this case and there is non-
compliance of Sections 42, 50 & 52 of the NDPS Act. He further submits
that it has not been ascertained who is the owner of the vehicle. The
petitioner has undergone an actual custody of 02 years and 16 days and he is
involved in 02 other cases under the NDPS Act, however, he is on bail in
those cases. He further submits that similarly situated co-accused-Manpreet
Kaur has been granted the concession of regular bail by a Coordinate Bench
of this Court vide order dated 21.09.2023 (Annexure P3) passed in CRM-M-
30496-2023.
4. Per contra, learned State counsel has vehemently opposed the
submissions made by the learned counsel for the petitioner. He has filed
custody certificate in Court today and the same is taken on record. As per
custody certificate, the petitioner has undergone an actual custody of 02
years and 16 days and he is involved in 02 other cases under the NDPS Act,
however, he is on bail in those cases. He on instructions from the concerned
police official submits that charges were framed on 24.04.2023 and out of
total 22 prosecution witnesses, 04 witnesses have been examined till date.
He further submits that in view of strict rigorous of Section 37 of the NDPS
Act and serious allegations against the petitioner, he is not entitled to the
concession of regular bail.
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5. Heard the rival submissions made by learned counsel for the
parties.
6. Admittedly, the charges were framed on 24.04.2023 and out of
a total of 22 prosecution witnesses, 04 witnesses have been examined till
date. The investigation is complete and the petitioner has undergone an
actual custody of 02 years and 16 days and he is involved in 02 other cases
under the NDPS Act, however, he is on bail in those cases. Similarly
situated co-accused-Manpreet Kaur has been granted the concession of
regular bail by a Coordinate Bench of this Court vide order dated 21.09.2023
(Annexure P3) passed in CRM-M-30496-2023.
7. It would be unjust to keep him behind bars looking at the
condition of the jails which are not conducive for rehabilitation process and
detaining the accused persons in jails would also tantamounts to violation of
Article 21 of the Constitution of India including the right to speedy trial, and
is against the principle "Bail is a rule, jail is an exception" as elucidated in
the judgment of Apex Court in "Dataram Singh vs. State of Uttar Pradesh
and another, (2018) 3 SCC 22".
8. As far as the pendency of other cases and involvement of the
petitioner in other cases is concerned, reliance has been placed upon the
judgment of the Hon'ble Supreme Court in Maulana Mohd. Amir Rashadi
Vs. State of U.P. and another, 2012 (2) SCC 382 in which, it is held that
the facts and circumstances of the present case are to be seen while deciding
a bail application and the bail application of the petitioner cannot be rejected
solely on the ground that the petitioner is involved in another case. The
relevant portion of the said judgment is reproduced herein-below:-
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"As observed by the High Court, merely on the basis of
criminal antecedents, the claim of the second respondent
cannot be rejected. In other words, it is the duty of the Court to
find out the role of the accused in the case in which he has been
charged and other circumstances such as possibility of fleeing
away from the jurisdiction of the Court etc."
9. Deprivation of personal liberty without ensuring speedy trial is
not consistent with Article 21. While deprivation of personal liberty for
some period may not be avoidable, period of deprivation pending
trial/appeal cannot be unduly long. The Apex Court in "Abdul Rehman
Antulay and others v. R.S. Nayak and another", 1992(2) RCR
(Criminal) 634 observed that Right to Speedy Trial flowing from Article 21
encompasses all the stages, namely the stage of investigation, inquiry, trial,
appeal, revision and retrial.
10. The veracity of the allegations leveled against the petitioner
shall be established during the course of the trial. The conclusion of the trial
will take a considerable time. Therefore, this Court is of the view that further
incarceration of the petitioner will not serve any purpose.
11. Without commenting anything on the merits of the case, lest it
may prejudice the trial, the present petition is allowed and the petitioner is
ordered to be released on regular bail on his furnishing adequate bail/surety
bonds to the satisfaction of the concerned learned trial Court/Duty
Magistrate. The petitioner shall also abide by the following conditions:-
(I) The petitioner will not tamper with the evidence during the
trial.
(II) The petitioner will not pressurize/intimidate the prosecution
witness(s).
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(III) The petitioner will appear before the trial Court on the date
fixed, unless personal presence is exempted.
(IV) The petitioner shall not commit an offence similar to the
offence of which he is accused of, or for commission of which he is
suspected.
(V) The petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the Court or to any police officer or tamper with the evidence.
12. In case of breach of any of the above conditions, the
prosecution shall be at liberty to move an application for cancellation of bail
before this Court.
13. However, nothing stated above shall be construed as a final
expression of opinion on the merits of the case and the trial Court would
proceed independently of the observations made in the present case which
are only for the purpose of adjudicating the present bail petition.
Pending miscellaneous application(s), if any, also stands
disposed of.
(KIRTI SINGH)
JUDGE
07.11.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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