Punjab-Haryana High Court
Jagseer Singh Alias Jaggu vs State Of Punjab on 25 November, 2024
Neutral Citation No:=2024:PHHC:152721
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM
CRM-M-15913-2023
1. Pronounced on: 25.11.2024
25
Jagseer Singh alias Jaggu .... Petitioner
Versus
State of Punjab .... Respondent
2. CRM
CRM-M-52282-2022
Harjeet Singh .... Petitioner
Versus
State of Punjab .... Respondent
[[
CORAM: HON'BLE MR. JUSTICE GURBIR SINGH
Present: Mr. K.B.S. Mann, Advocate, for the petitioner(s).
Ms. Avneet, AAG, Punjab.
----
GURBIR SINGH,
SINGH J.
1. By this common judgment, the abovementioned two petitions
are being disposed off. These petitions have arisen from same FIR.
1.1 Prayer in these petitions filed under Section 439 of Cr.P.C. is
for grant of regular bail to the petitioners in case FIR No.185, dated
27.07.2022,
2022, under Section 22(c) of NDPS Act, 1985, registered at Police
Station Lambi, District Sri Muktsar Sahib.
1 of 6
Neutral Citation No:=2024:PHHC:152721
2. The allegation against the petitioners is that they were
apprehended with 2100 intoxicating tablets which they were carrying
without any permit or licence.
3. Learned counsel for the petitioners has argued that the
petitioners have been falsely implicated in the present FIR. Police has
falsely planted recovery upon the petitioners. Neither compliance of
Section 50 of NDPS Act has been made nor any Gazetted Officer was
called at the spot at the time of alleged recovery. No independent witness
was joined. Petitioners are in custody since 27.07.2022. Conclusion of trial
will take long time.
4. On 22.03.2024 when these cases were taken up for hearing
before this Court, learned counsel for the petitioners contended that challan
in the case had been presented on 06.01.2023, but not even a single witness
had been examined. He had also produced copies of various zimni orders
for the period from 06.01.2023 to 26.02.2024 and contended that despite
repeated opportunities, no prosecution witness had come forward and the
incarceration of the petitioners was being deliberately prolonged. PW ASI
Narinderpal Singh in the case was not being served despite issuance of non-
bailable warrant, so the trial Court vide order dated 26.02.2024, stopped his
salary till further orders. Vide order dated 22.03.2024, this Court released
the petitioners on interim bail. The relevant extract of said order reads as
under:-
"It is unfortunate that even learned Special Court also
took the matter lightly uptill 08.11.2023 and it was only after
2 of 6
Neutral Citation No:=2024:PHHC:152721
the change of the officer that some necessary measures have
been taken to attach the salary of concerned police officer i.e.
ASI Narinder Pal Singh and he was ordered to be summoned
through non-bailable warrants for 16.04.2024.
Of course, every Court is over-burdened with the
disproportionate dockets, but the matter cannot be taken lightly
in view of the above factual position.
Consequently, Senior Superintendent of Police, Sri
Muktsar Sahib is directed to look into the matter and take
necessary action against all the responsible official witnesses
and action taken report be submitted by the next date of
hearing.
A copy of this order be sent to the learned District &
Sessions Judge, Sri Muktsar Sahib.
Keeping in view the custody of petitioners, till the next
date of hearing, they (Jagseer Singh @ Jaggu & Harjeet Singh)
are ordered to be released on interim bail in this case on
furnishing bail bonds and surety bonds to the satisfaction of
learned trial Court/Duty Magistrate concerned.
Posted for 01.05.2024.
A photocopy of this order be placed on the file(s) of
connected case(s)."
4.1 Pursuant to aforesaid order dated 22.03.2024, separate short
reply (dated 28.07.2024 in CRM-M-15913-2023 and dated 29.07.2024 in
CRM-M-52282 of 2022) by way of affidavit of Bhagirath Singh Meena,
IPS, Senior Superintendent of Police, Sri Muktsar Sahib, have already been
filed and taken on record. It is submitted that on 27.07.2022, while a police
party headed by ASI Narinderpal Singh was going on in a private car in
connection with patrolling duty and checking of suspects from Malout-
3 of 6
Neutral Citation No:=2024:PHHC:152721
Dabwali Road to Village Channu, they stopped two persons coming on a
motorcycle and gave a signal to stop the motorcycle. On seeing the police
party, the driver of the motorcycle tried to turn his motorcycle backwards.
ASI Narinderpal Singh made a call to SI Gurmej Singh of Special Task
Force, Bathinda Range and on receipt of information, he came along with
police officials at the spot and disclosed his rank and identity and as per due
procedure, search was conducted. From their possession, 210 strips
containing 10 tablets in each strip of Cypermal 100 SR containing the
ingredient of Tramodol Hydrochloride were recovered. Challan in the case
was presented on 06.01.2023 and charges were framed on 04.03.2023. It
has been further submitted that the trial Court issued summons to ASI
Narinderpal Singh and ASI Gurpal Singh for appearance before the Court
on 19.01.2024. However, said ASI Gurpal Singh was reported to have died
whereas ASI Narinderpal Singh despite service did not come present in the
Court. Arrest warrant was issued against him. However, it was reported that
he was on leave w.e.f. 26.02.2024 to 28.02.2024, so Senior Constables
Santokh Kumar and Sukhdeep Singh were deputed as Naib Court for
appearance before the court, but they did not make any entry in the register.
A departmental inquiry has been ordered against ASI Narinderpal Singh
and said Senior Constables for not performing their duties properly.
5. Learned State counsel has opposed the bail to the petitioners
by contending that the allegations are serious in nature. The recovery
effected from the conscious possession of the petitioners is commercial in
4 of 6
Neutral Citation No:=2024:PHHC:152721
nature. The case is at the stage of defence evidence and at this stage, no
case for grant of bail to the petitioners is made out. Petitioner-Harjeet Singh
is found to have involved in three other cases (in two cases registered under
the Punjab Excise Act, in one case, he was convicted and in another case,
he was acquitted and the third case registered under the IPC is pending
trial), whereas Jagseer Singh alias Jaggu is found to have been involved in
no other criminal case.
6. I have heard the submissions of learned counsel for the parties.
7. Considering the fact that the petitioners remained in custody
for almost 1 year and 7 months and they are on interim bail and are
regularly appearing before the trial Court, no other case has been pointed
out against Jagseer Singh alias Jaggu and cases so pointed out against
another petitioner-Harjeet Singh were of the years 2014/2015; though the
case is at the stage of defence evidence and the recovery effected is of
commercial quantity, but the culpability of the petitioners is yet to be
decided, this Court deems it appropriate to release the petitioners on regular
bail.
8. Accordingly, without commenting on the merits of the case,
the present petitions are allowed and the petitioners are ordered to be
released on regular bail subject to their furnishing bail bonds/surety bonds
to the satisfaction of concerned learned trial Court/Chief Judicial
Magistrate/Duty Magistrate, with the further condition that they shall get
their mobile number registered in the trial Court for receiving messages on
5 of 6
Neutral Citation No:=2024:PHHC:152721
CIS system and shall not change their mobile number during the pendency
of the case. They shall also furnish their residential address to the trial
Court as well as to the concerned police station and shall not change their
residence without intimation to the concerned police station. In case of
default, the trial Court is free to cancel the bail granted to the petitioners.
9. However, it is made clear that anything stated hereinabove
shall not be construed as an expression of opinion on the merits of the case
and the trial Court shall decide the case on the basis of material available
before it.
(GURBIR SINGH)
JUDGE
25.11. 2024
25.
sanjeev
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
6 of 6
