Rajasthan High Court
Balveer Singh S/O Santok Singh vs State Of Rajasthan on 17 November, 2023
Bench: Ashutosh Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 7170/2023
Balveer Singh S/o Santok Singh, Aged About 50 Years, Resident
Of Katni Gate Mohalla Kartarpur Police Station Kartarpur District
Jalandhar (Punjab) (At Present Confined In Sub- District Jail,
Bhawani Mandi District Jhalawar (Raj.)).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr.Rohit Khandelwal
For Respondent(s) : Mr.Ghanshyam Singh Rathore, PP
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
17/11/2023
1. The present bail application has been filed by the accused-
petitioner against the order dated 20.05.2023 passed by the
Special Judge (NDPS Cases) & Additional Session Judge, Bhawani
Mandi, District Jhalawar (Rajasthan), by which, the bail
application, filed by the accused-petitioner under Section 439
Cr.P.C. in FIR No.191/2020 registered at Police Station Bhawani
Mandi, District Jhalawar for the offence under Sections 8, 15, 29
of Narcotic Drugs and Psychotropic Substances Act, 1985 has
been dismissed.
2. Learned counsel for the accused-petitioner submitted that as
per the prosecution story, 60 kg. poppy husk has been recovered
from the accused namely Balveer Singh, Sukhjinder Singh and
Sarabjeet Singh, who were going in a truck, loaded with 300 bags
of onion.
(2 of 4) [CRLMB-7170/2023]
3. Learned counsel submitted that the present accused-
petitioner was arrested on 24.05.2020 and since then he is behind
bars.
4. Learned counsel submitted that the co-accused Sarabjeet
Singh, who was also arrested on the same day, has been granted
bail by the Coordinate Bench of this Court vide order dated
18.11.2021 in SB Criminal Bail Application No.15065/2021
(Sarabjeet Singh Vs. State of Rajasthan).
5. Learned counsel submitted that the Apex Court, in various
judgments, has considered the right of bail in NDPS Cases where
the contraband is of commercial quantity, if trial is not completed
in time.
6. To support his arguments, learned counsel for the accused-
petitioner has drawn attention of this Court to the following
judgments, passed by the Apex Court as well as this Court :
(i) Pankaj Bairwa S/o Ramkaran Vs. The State of Rajasthan, in
S.B. Criminal Misc. 3rd Bail Application No.13894/2022 decided on
17.03.2023 by Co-ordinate Bench of this Court.
(ii) Dheeraj Kumar Shukla Vs. The State of Uttar Pradesh, in
Special Leave to Appeal (Crl.) No(s).6690/2022 decided on
25.01.2023 by the Hon'ble Apex Court.
(iii) Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, in
Special Leave to Appeal (Crl.) No(s).5530/2022 decided on
22.08.2022 by the Hon'ble Apex Court.
(iv) Gopal Krishna Patra @ Gopalrusma Vs. Union of India, in
Criminal Appeal No.1169/2022 decided on05.08.2022 by the
Hon'ble Apex Court.
(3 of 4) [CRLMB-7170/2023]
(v) Abdul Majeed Lone Vs. Union Territory of Jammuand Kashmir,
in Petition for Special Leave to Appeal(Crl.) No.3961/2022 decided
on 01.08.2022 by the Hon'ble Apex Court.
(vi) Tapan Das Vs. Union of India, in Petition for Special Leave to
Appeal (Crl.) No.5617/2021 decided on 07.10.2021 by the Hon'ble
Apex Court.
(vii) Amit Singh Moni Vs. State of Himachal Pradesh, in Cr.MP(M)
No.2150 of 2019 decided on 20.12.2019 by the Himachal Pradesh
High Court.
(viii) Dheeraj Kumar Shukla Vs. The State of Uttar Pradesh, in
Petition for Special Leave to Appeal (Crl.)No(s).6690/2022 decided
on 25.01.2023 by the Hon'ble Apex Court.
(ix) Sitaram S/o Shri Gangajalram Vs. State of Rajasthan, in S.B.
Criminal Misc. Second Bail Application No.6065/2022 decided on
29.09.2022 by Co-ordinate Bench of this Court.
(x) Manoj Son of Shri Hardevram Vs. State of Rajasthan, in S.B.
Criminal Misc. 2nd Bail Application No.4538/2022 decided on
03.03.2023 by Co-ordinate Bench of this Court.
(xi) Kulwant Singh Vs. The State of Punjab, in Petition for Special
Leave to Appeal (Crl.) No.5187/2021decided on 10.11.2021 by
the Hon'ble Apex Court.
7. In view of the above, learned counsel prays that the
accused-petitioner may be enlarged on bail, as trial of the case
will take time to conclude.
8. On the other hand, learned Public Prosecutor opposed this
bail application on the ground that the contraband, recovered from
possession of the accused-petitioner, is of commercial quantity.
(4 of 4) [CRLMB-7170/2023]
9. Heard learned counsel for the accused-petitioner as well as
learned Public Prosecutor and perused the material available on
record.
10. This Court finds that quantity of poppy husk, recovered in
this case, is of 60 kg. and three accused persons including the
present accused-petitioner were arrested on 24.05.2020 and since
then, the accused-petitioner is in judicial custody.
11. Considering the fact that quantity of the contraband,
recovered from possession of the accused-petitioner, is just above
the commercial quantity and trial of the case will take time to
conclude but without expressing any opinion on the
merits/demerits of the case, this Court is of the opinion that the
bail application filed by the accused-petitioner deserves to be
accepted.
12. Consequently, the bail application filed by the accused-
petitioner under Section 439 Cr.P.C. is allowed. It is ordered that
the accused-petitioner namely Balveer Singh s/o Santok Singh,
arrested in FIR No.191/2020 registered at Police Station Bhawani
Mandi, District Jhalawar for offence under Sections 8, 15 & 29 of
NDPS Act be released on bail; provided he furnishes a personal
bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Court for his
appearance before that Court on all subsequent dates of hearing
and as and when called upon to do so.
(ASHUTOSH KUMAR),J
Preeti Asopa/21
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