Punjab-Haryana High Court
Karanjeet Singh@Raju vs State Of Haryana on 11 November, 2024
Neutral Citation No:=2024:PHHC:146421
CRM-M-35180-2024 1
108
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-35180-2024
Date of Decision : 11.11.2024
KARANJEET SINGH@RAJU
.....Petitioner
VERSUS
STATE OF HARYANA .....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Pankaj Bali, Advocate,
for the petitioner.
Mr. Rajesh Gaur, Addl.A.G., Haryana
KULDEEP TIWARI, J.(Oral)
1. On the oral request of learned counsel for the petitioner
Section 25 of the Narcotic Drugs and Psychotropic Substance Act, 1985,
is added in the head note as well as in the prayer clause of the instant
petition, as the same was left to be added at the time of drafting.
2. The Registry is directed to carry out necessary corrections
accordingly.
3. Through the instant second petition, the petitioner craves for
indulgence of this Court for his being enlarged on regular bail, in case
FIR No.562 dated 30.12.2022, under Sections 21(c), 22(c) and 25 of the
Narcotic Drugs and Psychotropic Substance Act, 1985 (Section 29
thereof added later on), registered at Police Station Taraori, District
Karnal.
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4. The instant FIR has been registered on the basis of an
information received from Incharge ANC Karnal. The relevant extract of
the FIR reads as under:-
"Copy of the contents of the FIR is as under: To Manager Officer,
Police Station, Tarawari, Jai Hind. Today myself SI along with SI
Singhraj No.922, HC Rajiv Kumar No.1310, ESI Satish Kumar No.946
are present at Anti Narcotic Cell, Karnal. Right now, I, Rajesh Kumar,
Incharge ANC Karnal informed that 'I received a call from SHO
Highway, Karnal and they controlled two boys, and there is suspicion
that they may have some illegal intoxicant substance which is
prohibited as per NDPS Act' and they told to send the ANC Cell Team
on the spot. After receiving this information, myself SI along with
above co-officials went to the spot of occurrence in government vehicle
No. Tavera No.HR45B6060 Marka Tavera which was driven by SPO
Deva Singh 157/KNL and Notice under Section 42 NDPS Act was
handed over to ESI Satish Kumar No.946 and to the Police Station.
After informing this incident to my co-officials I reached at Delhi
Chandigarh GT Road from Tarawari towards 3 kilometre to Nilokheri.
On the GT Road myself met Manager Inspector Jitendra Singh number
89 HAP Highway along with government vehicle at HR45 AO 444
Tavera which was driving by SPO Rajendra Kumar number 32 along
with other staff. He elaborated the whole incident to me and handed
over two young boys along with two bag packs (pithu bag) and
motorcycle number PB 18 R 7908 Marka SPL. One by one I asked their
name and address, then the motorcycle driver revealed his name
Karanjit Singh alias Raju son of Lakhwinder Singh son of Mahendra
Singh village safipur police station Jandiala Guru district Amritsar
Punjab and the other boy reveale his name Charanjit Singh son of
Waryam Singh son of Beant Singh resident of village Kanegill police
station Kila Lal Singh, District Gurdaspur Punjab. Notice under section
50 NDPS Act to both them has been given one by one and told that I
have a suspicion that you have any prohibited material in your
possession which is prohibited under NDPS Act' You have full rights
that you may get yourself searched in the presence of any other
Gazzeted officer or Magistrate. I am giving you 10 minutes to think.
Notice under section 50 NDPS Act were prepared separately and read
over and got them understood, accused persons after hearing the
contents of the notice and after understanding the contents of notices,
accused Karanjit Singh and Charanjit Singh and witnesses appended
their signatures on the notices. In the meanwhile 5-7 persons was
stopped on the road and the incident was elaborated to them and also
requested to join the investigation but everybody showed their
incompetency and without revealing their name and address left the
spot. After 10 minutes accused Karanjit Singh and Charanjit Singh
above asked to answer with regard to notice under section 50 of NDPS
Act and they after thinking replied that they wanted to be searched
themselves through Gazetted officer and officer be called on a the spot.
After getting their answer notice under section 50 NDPS Act was
prepared separately in which the signatures of accused persons Karanjit
Singh Charanjit Singh above was appended and witness is also
appended their signatures. I checked the issued list on my mobile phone
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and contacted Naib Tehsildar Nilokhedi but he replied I am on medical
leave'. Then I called from my mobile phone number 9729990747 to
Shri Veer Singh DSP City Karnal at 6:04 PM and elaborated the facts of
the incident and informed him to come on the spot and at about 6.50
pm Shri Veer Singh DSP in government vehicle number HR05 BC 633
Marka Bolero came on the spot after receiving the information. As
Myself elaborated the whole incident and the above accused persons
Karanjit Singh and Charanjit Singh along with their reply notice under
section 50 NDPS Act were produced before DSP sir and he gave his
introduction to accused persons Karanjit Singh and Charanjit Singh
above and told that 'I am working in police force on the designation of
deputy Superintendant of Police City Karnal, accused persons Karanjit
Singh and Charanjit Singh above agreed to be searched in presence of
DSP and DSP Sahab seen the reply of the notices and DSP Sir
instructed myself to search the above accused persons in his presence as
per the instructions of DSP I searched both the accused persons Karanjit
Singh and Charanjit Singh above one by one as per rules. During the
search, no intoxicant substance was found from the possession of
Karanjit Singh, thereafter during the search of accused Charanjit Singh
I checked his bag pack from my hands and after opening it there were
three boxes found deep inside the clothes and in each box in English
language written PROXYWELSPAS, one by one I opened each box and
after checking in two boxes there were 30/30 stripes in each box and in
one box there were 27 stripes, totaling 87 stripes were recovered, in
each stripe there were eight capsules and in each strike in English
language it was written paracetamol, dyclomine, hydrochloride
Tramadol, hydrochloride capsules. The badge number of all the boxes is
PCC JZ93 and there are total 696 capsules. When the above accused
persons Karanjit Singh and Charanjit Singh asked about any license/
permit /bill with regard to this these medicines then they did not give
any satisfactory answer. That in respect of recovered medicines I
contacted Shri Sandeep Hooda District Medicine Controller Officer
Karnal on his mobile number 9017391105 and opinion was sought after
sending the photograph of the recovered medicines on their WhatsApp,
he replied that these medicines are prohibited under NDPS Act and they
also said you may receive opinion about these medicines in written on
any working day. Myself with the help of electronic Weighing Machine
measured one capsule after opening one stripe and it was weighed 0.55
miligram, as the whole capsules are 696 in number then it weighed
382.8 gram. That capsule was again put into that stripe and red tape was
fixed over it and parcels were made of all the three boxes and he same
was stamped as SC/3 and the sample stamp same was prepared on a
cloth. After the usage of the stamp the same was handed over to SI
Singh Raj number 922 and DSP Sahab also put his seal stamp over the
capsule parcel and Sample seal as VS/1/1 and after the usage of the
stamp he put the same with him and capsule parcel and Sample seal
was also attested and thereafter they recovered capsule parcel Tramadol,
sample seal motorcycle bearing number above along with key bearing
registration certificate which is owned by Waryam Singh son of Beant
Singh Village Kinnegil District Gurdaspur which is valid up to 10th of
November 2025 and registered from Batala Authority and taken into the
Police Custody as a evidence through different written list and taken
into the police custody, accused and Witnesses appended their
signatures on the written list and the same was attested by DSP Sahab
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and memo of the recovery was prepared. That accused persons by
keeping 696 Tramadol Intoxicant capsule without any permit or license
and transporting the same committed offense under Section 21c, 22c,
25 NDPS Act and after writing there the same was handed over to EASI
Satish Kumar number 946 and he was being sent to police station, after
the registration of the case FIR it's number be obtained from the case
file and its special report be sent to the services of senior officers.
Another investigating officer be sent on the spot. Myself is involved on
the spot for the investigation. Today GT Road Tarawari signed Subhash
Chand SI Narcotic Cell, Karnal dated 30.12.2022 at 9.05 p.m. Mobile
number 9466-436-199. Today at police station at this time myself SI
Rohtash number 10760 is present at police station, SI Subhash Chand
sent a tehrir against Karanjit Singh Alias Raju son of Lakhwinder Singh
son of Mahender Singh Village Safipur police station Jandiala Guru
District Amritsar Punjab and Charanjit Singh son of Waryam Singh son
of Beant Singh Village Kanegill police station Kila Lal Singh District
Gurdaspur, Punjab. That above accused person without license and
permit carried 696 Tramadol capsules and transported that. After
receiving this tehrir through EASI Satish Kumar number 946 Karnal at
police station and case FIR number 562 dated 30th of December 2022
was registered under Section 21C, 22C, 25 of NDPS Act at Police
Station. Copy of the police file along with the original tehrir is being
sent to above spot through the incoming official and this special report
of the case fir is being sent to the senior officers through email and for
further proceedings in the investigation myself SI is heading towards
the spot occurrence. Hand over to Moharrar."
5. A perusal of the FIR reflects that the total recovery, as
effected in the instant case, comes out to be 348.50 grams of 'Tramadol',
which admittedly falls within the ambits of commercial quantity, as per
the schedule attached to the NDPS Act. The commercial quantity as
prescribed in schedule, is more than 250 grams.
6. The petitioner earlier approached this Court seeking the
same relief by filing a petition bearing no. CRM-M-11760-2023,
however, the same was dismissed as withdrawn vide order dated
22.12.2023 (Annexure P-3). However, the learned trial court concerned
was directed to make efforts to expedite the conclusion of the trial.
7. Learned counsel for the petitioner, in asking for relief of
regular bail, inter alia submits that though the petitioner is arrested
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alongwith co-accused, however, no recovery was effected from the
present petitioner. The recovery, which is alleged to have been effected in
the instant case, has in fact been effected from the co-accused.
8. He further submits that the petitioner is a man of clean
antecedents, and has suffered incarceration of about 1 year and 10
months, as on today.
9. He also submits that after dismissal of the first bail
application, that too about 11 months ago, the trial has not moved even an
inch further. Therefore, the conclusion of the trial is likely to take a long
time.
10. Per contra, the learned State counsel, has placed on record
the custody certificate qua the petitioner, which is taken on record. A
perusal of the custody certificate reveals that the petitioner has suffered
incarceration of 01 year and 10 months and 05 days, as on today.
11. He, on instructions, imparted to him by ASI Gurpreet Singh,
submits that out of the total 17 prosecution witnesses cited by the
prosecution in the final report, only one witness has been partially
examined till date.
12. This Court has heard the learned counsel for the parties
concerned, and has gone through the entire case file, and refrains itself to
make any observations on the first submission made by learned counsel
for the petitioner, that no recovery is effected from the present petitioner,
as the allegation of conscious possession is yet to be established by the
prosecution at the relevant stage of the trial.
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13. So far as the other aspects, which require consideration are;
the long incarceration of the petitioner; the antecedents; and the stage of
the trial.
14. Admittedly, (i) as per the custody certificate, in the instant
case the petitioner has suffered incarceration of 1 year 10 months and 05
days, as on today, and (ii) till date the prosecution is only able to partially
examine one witness, that too the examination-in-chief, out of the total 17
prosecution witnesses cited in the final report, whereas charges were
framed way back on 21.10.2023, (iii) therefore, conclusion of the trial
will take a long time, and, (iv) the petitioner is having clean antecedents.
15. In view of the aforesaid extracted reasons, this Court is of
the considered opinion that the instant petition is amenable for being
allowed.
16. This view of this Court is fortified by the ratio of the
judgment laid down in "Rabi Prakash Versus The State of Odisha",
Special Leave to Appeal (Criminal) No.4169 of 2023, wherein the
Supreme Court has discussed the effect of Section 37 of the NDPS Act in
such like cases of long custody. The relevant portion of the aforesaid
judgment contained in para No.4 is reproduced 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
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must override the statutory embargo created under Section 37(1)(b)(ii)
of the NDPS Act."
17. Considering the hereinabove made discussion, this Court
deems it fit and appropriate to grant the concession of regular bail to the
petitioner. Therefore, without commenting upon the merits and
circumstances of the present case, the present petition is allowed. The
petitioner is ordered to be released on bail on furnishing of bail bond and
surety bond to the satisfaction of concerned Chief Judicial
Magistrate/trial Court/Duty Magistrate.
18. However, anything observed here-in-above shall have no
effect on the merits of the trial, and is only meant for deciding the present
petition.
19. However, it is clarified that if in future, the petitioner is
found indulging in commission of similar offences, as are involved
herein, the respondent-State shall be at liberty to make an appropriate
application seeking cancellation of regular bail, as granted by this Court.
20. All pending application(s), if any, also stand disposed of
accordingly.
(KULDEEP TIWARI)
November 11, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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