Punjab-Haryana High Court
Sadaam vs State Of Haryana on 4 September, 2024
Neutral Citation No:=2024:PHHC:115643
CRM-M-2761-2024 1
214 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-2761-2024
Date of Decision:- 04.09.2024
Sadaam
...Petitioner
Vs.
State of Haryana
...Respondent
CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Adiya Sanghi, Advocate
for the petitioner.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
****
AMARJOT BHATTI, J.
1. The petitioner - Sadaam has filed petition under Section 439
Cr.P.C. for grant of regular bail in FIR No. 305 dated 21.10.2022, under
Sections 21(C)/29 of NDPS Act, registered at Police Station Ding, District
Sirsa, Haryana.
2. Brief facts of the case are that the Investigating Officer along
with police party on 21.10.2022 had gone for routine patrolling and when
they reached near Sardar Fuel HP Petrol pump, Ding they saw two young
boys standing near tea stall adjoining to the petrol pump. One of the boys
was wearing black coloured t-shirt and white coloured trouser whereas
other one was wearing black coloured t-shirt and black coloured jeans. On
seeing the police party they started walking towards Sirsa. On the basis of
suspicion, they were apprehended and their names were inquired. One of
the boy disclosed his name as Gulam Navi @ Gami and other disclosed his
name as Saddam. They were served with notice under Section 50 of NDPS
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Act. They wanted their search to be conduced in the presence of a gazetted
officer and accordingly Sh. Vinod Kumar PGT-GGSSS, Kotli, was called
on the spot and in his presence, search was conducted and from the right
pocket of the jeans worn by Saddam, 500 grams of heroine in a polythene
bag was recovered whereas from the left pocket of the trouser worn by
Gulam Navi @ Gami 500 grams of heroine in a polythene bag were
recovered. On the basis of said recovery, present case has been registered.
3. Learned counsel for the petitioner argued that co-accused Gulam
Navi @ Gami has been granted default bail under Section 167(2) vide
judgment of Coordinate Bench dated 28.11.2023 passed in CRR-1528-
2023 (Annexure P-3). Present petitioner is behind the bars since the day of
his arrest. The trial is going at a slow pace. Till date only two witnesses
have been examined. On account of long custody he is seeking regular bail.
He has also relied upon the judgment dated 28.05.2024 of Supreme Court
of India in petition for Special Leave to Appeal (Criminal) No.4648/2024
titlted as Ankur Chaudhary Vs. State of Madhya Pradesh. It is prayed
that regular bail application filed by the petitioner may be allowed.
4. Bail is opposed by learned counsel representing State. Today
detailed status report has been filed which is taken on record. It is pointed
out that the report of the Forensic Science Laboratory has been received
and as per the result, Heroine (Diacetylmorphine), O6
Monoacetylmorphone Aceetylcodiene, Paracetamol and Caffeine were
detected in the sample P-1 & P-3. Challan has been presented against
Gulam Navi @ Gami, petitioner Saddam, Vijay Singh @ Jaiveer, Yakub
Khan and Gurjindeer Singh @ Raju in the Court on 04.10.2023. It is
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further pointed out present petitioner is involved in another FIR No.21 of
2022 under Sections 8, 21, 25 and 29 NDPS Act, registered at Police
Station Talwara Jheel, District Hanumangarh. Considering the quantity of
contraband recovered from the petitioner, he is not entitled to be released
on regular bail.
5. I have considered the arguments and gone through the record.
6. It is a case of recovery of 500 grams of heroine from petitioner
which falls in commercial quantity. The present petitioner cannot derive
any benefit on account of bail granted in favour of Gulam Navi @ Gami
under Section 167(2) Cr.P.C. In the case in hand challan was presented on
04.10.2023 and charge sheet was framed on 04.11.2023. Till date, two
witnesses have been examined. Therefore, at this stage trial does not fall in
the category of old case.
7. Considering the stringent provision under Section 37 of NDPS
Act, I do not find it a fit case to grant regular bail and thus the same is
declined. Since the petitioner is behind the bars from 21.10.2022, trial
Court is directed to expedite the trial.
8. Accordingly the present petition is disposed of.
9. Pending miscellaneous application(s), if any, stand disposed of
accordingly as well.
04.09.2024 (AMARJOT BHATTI)
monika JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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