Harsukhvir Singh @ Raja v. Union Of India Through Ncb

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 18.01.2024 Harsukhvir Singh @ Raja ...... Petitioner

Versus

Union of India through NCB ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Ruhani Chadha, Advocate for the petitioner.

Mr. Sourabh Goel, Sr. Standing Counsel for Union of India.

**** Manjari Nehru Kaul, J.(Oral) 1.

Instant petition has been filed by the petitioner seeking concession of interim regular bail for a period of 04 weeks in case Crime No.79 dated 15.11.2022 under Sections 8, 18, 21, 25, 27 and 29 of NDPS Act, 1985 registered at Police Station NCB, Chandigarh. 2.

Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the case in hand for allegedly being a part of a drug syndicate. Learned counsel has contended that after the petitioner was arrested on 18.11.2022, the trial had not concluded as only charges had been framed till now; given the delay there thus, was no likelihood of the trial concluding in the near future. On the last date of hearing, learned counsel for the petitioner had made an alternative prayer for extending the concession of interim bail to the petitioner to attend the marriage of his brother, which is scheduled to be

-2solemnized on 21.01.2024 at Ludhiana. The respondent - Union of India through NCB had been put on notice and directed to verify the authenticity of the submissions made by the learned counsel for the petitioner with respect to the marriage of his brother and also his criminal antecedents. 3.

Learned counsel for the respondent has vehemently opposed the prayer made by learned counsel for the petitioner for extending him either regular bail or even interim bail. Learned counsel on instructions has informed the Court that in the instant case, a huge recovery of contraband was effected, which had been classified as commercial under the Act. Additionally, the petitioner was also an active member of a large drug syndicate with international connections, and particularly, had close ties with co-accused Akshay Kumar Chhabra, who was the kingpin of the drug syndicate. The petitioner had been engaging in various illegal activities including purchasing properties with the proceeds of the crime. Learned counsel for the respondent has further informed the Court that ample evidence had been collected by the investigating agency including call record details, which revealed that the petitioner and the kingpin, coaccused Akshay Kumar Chhabra and other members of the drug cartel had been in regular touch with each other.

4.

Learned counsel for the respondent, on instructions, has further submitted that in case the petitioner is granted the concession of regular bail or interim bail, there was a substantial risk of him fleeing the country; the gravity of the offences coupled with the petitioner's alleged role in the drug syndicate, thus, raises serious concerns about the

-3potential flight risk. A prayer, therefore, has been made for dismissal of the instant petition.

5.

I have heard learned counsel for the parties and perused the material placed on record.

6.

Prima facie, there are serious allegations against the petitioner. The recovery of the contraband effected in the present case is huge, which falls under the commercial quantity. The petitioner is accused of being part of a multi-crore drug cartel.

7.

In the facts and circumstances as enumerated hereinabove, this Court does not deem it fit to extend the concession of regular or interim bail to the petitioner. Accordingly, the instant petition stands dismissed.

8.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

18.01.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No