Punjab-Haryana High Court
Hira Lal vs State Of Punjab on 13 November, 2024
Neutral Citation No:=2024:PHHC:148234
104
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-54607-2024
Date of Decision:13.11.2024
Hira Lal ...Petitioner
vs.
State of Punjab ...Respondent
Coram : Hon'ble Mr. Justice N.S.Shekhawat
Present : Mr. Sandeep Arora, Advocate
for the petitioner.
Mr. I.P.S Sabharwal, DAG, Punjab.
***
N.S.Shekhawat J. (Oral)
1. The petitioner has filed the present petition under Section 482 of
B.N.S.S with a prayer to grant anticipatory bail to him in case FIR No.116,
dated 23.08.2024, under Sections 21(b) and 29 of the NDPS Act, registered at
Police Station Shahkot ,District Jalandhar Rural (Annexure P-1).
2. The FIR in the present case was registered on the basis of the
statement made by ASI Balbir Chand and the same has been reproduced
below:-
"To the SHO, P.S Shahkot, Jai Hind, Today I ASI alongwith
ASI Sarabjit Singh No.562/Jal., Sr. Ct. Navdeep Singh No.854/Jal.
Sr. Ct., Harjeet Singh No. 1843, Jal, CT Sarabjit Singh No.769/Jal
and LCT Lovepreet Kaur 331/Jal. on govt. vehicle Kia No.PB65-
BH-0772 in connection with patrolling and for checking of
suspicious men were present in the area of Village Banga Chowk
then from the side of Village Fazalwal a motorcycle without
number was coming and two clean shaven person were riding on
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it. To whom I ASI with the help of associates signaled them to stop,
then they got perplexed and tried to turn the motorcycle back. Then
I ASI with the help of my associates nabbed them and I ASI asked
their names. The motorcycle driver told his name as Chand Singh
@ Golu S/o Rashpal Singh R/o Sherpur Tiaba, PS Dharamkot,
Distt. Moga and other young man sitting on the backside of the
motorcycle told his name as Gurpreet @ Gopi S/o Sarvan Singh
R/o Punia PS Shahkot, District Jalandhar. To whom I ASI
introduced myself and told that my name is Balbir Chand No.736/
Ldh. and I am posted at PS Shahkot. I suspect that you and motor-
cycle in your possession contain some objectionable items due to
which you and your motorcycle are required to be searched. But
you have full legal right that you can get your search done from
gazetted officer or magistrate who can be called at the spot. On
which notice under Section 50 of NDPS Act was prepared of
Chand Singh @ Golu S/o Rashpal Singh R/o Sherpur Tiaba, PS
Dharamkot, District Moga and Gurpreet Singh @ Gopi S/o Sarvan
Singh R/o Punia, PS Shahkot, Distt. Jalandhar and Chand Singh
@ Golu aforesaid signed in Punjabi and Gurpreet Singh @ Gopi
signed in Punajbi thereon. On which the witnesses put their
signatures I ASI have made every effort to joint public witness
before searching the aforesaid accused Chand Singh Golu and
Gurpreet Singh @ Gopi and motorcycle under their possession but
everyone expressed their own circumstances and nobody became
ready to participate in said search. On which I ASI in the presence
of my associates conducted search of Chand Singh @ Golu and
Gurpreet Singh @ Gopi and the motorcycle in their possession as
per the procedure. During the search and seizure a transparent
plastic envelope was found from the right side pocket of his lower
which was got opened and checked, then heroine was found
therein. Heroine found was weighed on weighing scale alongwith
envelope total 25 gram heroine was there which was put into cloth
bag alongwith transparent envelope and parcel was prepared and
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parcel was stamped with seal BC and then I ASI searched the pant
which worn by Gurpreet Singh @ Gopi and during search a
transparent plastic envelope was found in his right pocket which
was got opened and on checking heroine was found therein. Hero-
ine found was weighed on electronic scale alongwith envelope and
total 05 heroine was therein. Which was put into cloth bag
alongwith transparent plastic envelope and parcel was prepared
and parcel was stamped with seal BC. Sample of seal was pre-
pared separately. After usage of seal it was handed over to ASI
Sarabjit Singh No.562/Jal. Found one parcel in which 25 gram
heroine was there stamped with seal BC of Chand Singh @ Golu
and one parcel wherein 5 gram heroine was there stamped with
seal BC of Gurpreet Singh @ Gopi alongwith motorcycle Platine
without number color black was taken into police possession as a
evidence. During said process videography was done in
compliance with Section 105 of BNSS. Accused Chand Singh @
Golu by keeping in his possession 25 grams heroine and Gurpreet
Singh @ Gopi by keeping in his possession 5 gram heroine have
committed offence under Section 21(B)-61-85 of NDPS Act.
Against them ruqa was written and sent it to the police station
through CT Sarabjit Singh No.769/Jal. By hand for registration of
FIR. After registration of case number be informed. After issuance
of Special reports be sent to senior officials and Hon'ble llaqua
Magistrate. Control room be informed. IASI alongwith associates
is present on the spot for investigation. Today at the area of
Village Bagga Chowk at 11:10 PM LAT-31.0387216 Long-
75.3571891 Sd/ Balvir Chand ASI PS Shahkot, Distt. Jalandhar
Rural dated 23.08.2024. Today at Police Station: On receipt for
said writing at police station FIR was registered under aforesaid
sections and original writing alongwith copy of FIR through
special messanger CT is beign sent to the ASI at the spot. After
preparing special reports are being sent to Hon'ble Ilaqua Magis-
trate and senior officers through Sr. Ct. Amandeep Singh No. 1234
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by hand. Control room is being informed".
3. Learned counsel for the petitioner contends that the petitioner has
not been named in the FIR nor there is any evidence to connect him with the
commission of crime. He further contends that the petitioner has been
nominated as an accused subsequently on the basis of the disclosure statement
suffered by Chand Singh, co-accused and except the disclosure statement
suffered by the co-accused in police custody, there is no other legally
admissible evidence against him. He further contends that even the mandatory
provisions of Section 50 of the NDPS Act have not been complied in the
present case and the petition is liable to be allowed by this Court.
4. On advance notice, Mr. I.P.S Sabharwal, DAG, Punjab has
appeared on behalf of official respondent and submits that the petitioner is a
habitual offender and is a smuggler of drugs. He further contends that the
petitioner is facing one more case under NDPS Act. Apart from that, he has
already been convicted in another case of the NDPS Act. Still further, he is also
facing three more criminal cases under the various provisions of IPC. Learned
State counsel has placed reliance on the judgment passed by the Hon'ble
Supreme Court in the matter of "State of Haryana Vs. Samarth Kumar", 2022
LiveLaw (SC) 622, wherein the Hon'ble Supreme Court held as follows:-
"4. The High Court decided to grant pre-arrest bail to the
respondents on the only ground that no recovery was effected from
the respondents and that they had been implicated only on the
basis of the disclosure statement of the main accused Dinesh
Kumar. Therefore, reliance was placed by the High Court in the
majority judgment of this Court in Tofan Singh v. State of Tamil
Nadu reported in (2021) 4 SCC 1.
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5. But, it is contended by the learned Additional Advocate
General appearing on behalf of the State of Haryana that on the
basis of the anticipatory bail granted to the respondents, the
Special Court was constrained to grant regular bail even to the
main accused-Dinesh Kumar and he jumped bail. Fortunately, the
main accused-Dinesh Kumar has again been apprehended.
According to the learned Additional Advocate General, the
respondent in the second of these appeals is also a habitual
offender.
6. Learned counsel appearing on behalf of the respondent in
the first of these Appeals contends that the State is guilty of
suppression of the vital fact that the respondent was granted
regular bail after the charge-sheet was filed and that therefore,
nothing survives in the appeal. But, we do not agree.
7. The order of the Special Court granting regular bail to the
respondents shows that the said order was passed in pursuance of
the anticipatory bail granted by the High Court. Therefore, the
same cannot be a ground to hold that the present appeals have
become infructuous.
8. In cases of this nature, the respondents may be able to take
advantage of the decision in Tofan Singh v. State of Tamil Nadu
(supra), perhaps at the time of arguing the regular bail application
or at the time of final hearing after conclusion of the trial."
5. I have heard the rival submissions made by learned counsel for the
parties and perused the record.
6. From the submissions made by learned State counsel, it is apparent
that the petitioner in the past also, was involved in various criminal activities in-
cluding the smuggling of drugs. Even, during the course of investigation, Chand
Singh, co-accused had suffered a disclosure statment and he clearly stated that
the petitioner had supplied the drugs to him and he is actively
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involved in the commission of crime. Consequently, keeping in view the gravity
of the offence as well as need for custodial interrogation of the petitioner, the
present petition deserves to be dismissed by this Court.
7. I find sufficient force in the submissions made by learned State
counsel that the custodial interrogation of the petitioner would be imperative to
get the details with regard to the source of contraband, modus operandi and to
make further recoveries of contraband from him.
8. Thus, in view of the above discussion, the present petition is or-
dered to be dismissed, accordingly.
(N.S.SHEKHAWAT)
13.11.2024 JUDGE
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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