Punjab-Haryana High Court
Bhupinder Kumar vs State Of Punjab on 24 September, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-46571-2024 (O&M)
Date of Decision:-24.9.2024
Bhupinder Kumar ... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Dilraj Singh Bhinder, Advocate and
Mr. S.S. Sekhon, Advocate for the petitioner.
Mr. Japjot Singh, AAG, Punjab.
*****
FIR No. Dated Police Station Section/s
75 26.6.2024 Kotwali, District 22, 27 of Narcotic Drugs and
Bathinda Psychotropic Substances Act,
1985
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of the aforementioned
FIR.
2. As per the case of prosecution, on 26.6.2024 when a police party during the
course of patrolling was present near the stadium gate of Government
Rajindra College, a clean shaven young man was found sitting by the side of
the road while holding a transparent polythene bag in his hand. However,
upon noticing the police, he tried to escape from the spot, but was nabbed by
the police officials. Upon inquiry, he disclosed his name as Bhupinder Singh.
CRM-M-46571-2024 (O&M) (2)
Several strips of intoxicant tablets were clearly visible in the said transparent
polythene bag. The aforesaid Bhupinder Singh was extended an offer in terms
of provisions of Section 50 of NDPS Act and the polythene bag was checked
and was found to contain 40 strips of 'Buprenorphine' tablets total weighing
about 36 grams.
3. Learned counsel for the petitioner submits that the petitioner has been falsely
implicated in the present case and that it is highly unlikely that the petitioner
would be carrying the contraband in a transparent polythene bag in broad
daylight and that too in a public place making him a sitting duck so as to be
easily detected and caught. It has been submitted that in case the petitioner
was to indulge in drug trafficking, he would have taken necessary steps to
ensure that he is not caught by the police and, in any case, would certainly not
be carrying contraband in a manner that the contraband is easily noticeable. It
has been submitted that such like allegations clearly show that a false case
has been planted upon the petitioner. Learned counsel for the petitioner, in
order to hammer forth his aforesaid submission, places reliance upon
judgments passed by this Court in CRM-M-8026 of 2020 titled Lakhwinder
Singh @ Lakha Vs. State of Punjab as well as in CRM-M-20019 of 2020 titled
Gurwinder Singh @ Binder Singh Vs. State of Punjab.
4. Opposing the petition, learned State counsel submitted that since the
petitioner was found in possession of 'commercial' quantity of contraband,
his complicity is clearly evident and that the fetters imposed by Section 37 of
NDPS Act would also come into play. Learned State counsel informed that
challan already stands presented and that the petitioner otherwise enjoys a
clean record.
CRM-M-46571-2024 (O&M) (3)
5. This Court has considered rival submissions addressed before this Court.
6. The manner in which the petitioner is alleged to be carrying the contraband in
a public place certainly raises some kind of suspicion and it is highly unlikely
that the petitioner would have been carrying the contraband in a transparent
polythene bag. In any case, the investigation is already complete. The
petitioner otherwise is not stated to be involved in any other case. Conclusion
of trial is likely to consume time. Under these circumstances, further
detention of the petitioner will not serve any useful purpose.
7. The instant petition, as such, merits acceptance and is hereby accepted and
the petitioner is ordered to be released on bail subject to his furnishing bail
bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty
Magistrate concerned.
24.9.2024 ( Gurvinder Singh Gill )
Pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
