High Court of Punjab and HaryanaCRM-M/5249/2023dismissed

Paramjit Singh Alias Pamma v. State Of Punjab

2023-07-24Mr. Justice Harsh Bunger11 pages

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Petitioner (Paramjit Singh @ Pamma) has filed the present petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case FIR No.234 dated 16.09.2022, under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Guruharsahai, District Ferozepur. 2.

Upon issuance of notice, status report by way of affidavit dated 25.02.2023 of Mr. Yadwinder Singh, P.P.S., Deputy Superintendent of Police, Sub Division Guruharsahai has been filed on behalf of State of Punjab, which is already on record.

Custody certificate dated 17.05.2023 of the petitioner is taken on record, subject to all just exceptions.

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$ $$ ( $ ! &03&0$2 ) Paramjit Singh @ Pamma (petitioner) and Gurpreet Singh @ Gora, who are jointly in the profession of selling heroin, on that day, were coming from Village Bulla Rai Uttar to Mohan Ke Hithar on a motorcycle (Hero HF Deluxe, black colour), without any registration number, to sell huge quantity of heroin and in case, picket is laid on the Link Road Village Bulla Rai Uttar then they can be apprehended with huge quantity of heroin. Finding the said information to be true and reliable, ruqa was prepared and the same was sent for registration of FIR.

As per the status report, pickets were laid on the Link Road, Village Bulla Rai Uttar and after some time, two persons were seen coming on motorcycle from Village Bulla Rai Uttar side, whereupon torch light was shown by Sub Inspector Kulwant Singh and on seeing the pickets, the said persons tried to turn the motorcycle and run away but they slipped and were apprehended by the police. Upon inquiry about their whereabouts, the person riding the motorcycle disclosed his name as Gurpreet Singh @ Gora and the pillion rider told his name as Paramjit Singh @ Pamma (petitioner).

they wanted their search to be conducted in the presence of a Gazetted Officer, whereupon the Deputy Superintendent of Police, Police Sub Division Guruharsahai was called at the spot, who also informed the aforesaid persons that they can get their search conducted by Magistrate or some other Gazetted Officer, however, both the persons gave their consent that they want to get their personal search and of the motorcycle conducted by the aforesaid Deputy Superintendent of Police. Accordingly, the consent memos were prepared and the search was carried out. Upon personal search of Paramjit Singh @ Pamma (petitioner), a heavy transparent polythene was recovered from the right pocket of his lower and on opening the same, heroin was found inside it, which on weighing, was found to be 260 grams, including the weight of polythene.

Thereafter, upon personal search of Gurpreet Singh @ Gora, a heavy transparent polythene was recovered from the right pocket of his lower and on opening the same, heroin was found inside it, which on weighing was found to be 10 grams, including the weight of polythene.

As per the status report, Gurpreet Singh @ Gora had suffered a disclosure statement on 19.09.2022 wherein he stated that the heroin recovered from him was bought from one Harbans Singh and accordingly said Harbans Singh was also nominated as an accused in the instant case and Section 29 of the Narcotic Drugs and Psychotropic Substances Act was added vide DDR No.5 dated 19.09.2022. It is further mentioned in the status report that the Forensic Science Laboratory Report dated 12.10.2022 has been received, wherein it is mentioned as under:- "The contents of parcels 1 and 2 under reference have been analyzed separately by chemical, T.L..C and instrumental

analysis. On the basis of the analysis, 29.22% and 35.86% Diacetylmorphine (Heroin) has been found present in the contents of the parcels 1 and 2 respectively..." 6.

Learned counsel for the petitioner submits that the petitioner is innocent and $$%$ $ 2$

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$% % $ +- Learned counsel for the petitioner, in rebuttal, has relied upon the judgment of Hon'ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012(2) SCC 382 to contend that the facts and

- circumstances of the present case are to be seen while deciding a bail application and the bail application of the petitioner cannot be rejected solely on the ground that the petitioner is involved in other cases. The relevant portion of the said judgment is reproduced herein below :- @As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc." ++ ' $ $ 2 )$$ % +/ '

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3 S.37 "Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974),- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not

) likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail." +< 9 *

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$ % $ = % $ $ +8 & % , when the accused is facing serious charges, he may develop temptation to jump the bail. The apprehension expressed by the State counsel that if released on bail, there is every likelihood of the petitioner trying to tamper with the prosecution evidence by giving threats and inducement to the prosecution witnesses and absconding even to prolong the trial, cannot be brushed aside lightly. 19.

Hence keeping in view the aforementioned circumstances and also the seriousness and gravity of offence, I do not deem it fit to extend the concession of regular bail to the petitioner. Accordingly, the present petition is dismissed.

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