High Court of Punjab and HaryanaCRM-M/13377/2025allowed

Amrik Singh v. State Of Punjab

2025-03-18Mr. Justice Sandeep Moudgil11 pages

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4 "Copy of ruga. Station House Officer Police Station Special Task Force Sector 79, Sahibzada Ajit Singh Nagar. Jai Hind. Today myself Assistant Sub Inspector alongwith Head Constable Rajinder Singh No. SC/07, Senior Constable Mann Singh No.1009/ Mansa and Senior Constable Bhupinder Singh No. 2/248 were on government vehicle Bolero No. PB02CR0767, which was being driven by Head Constable Rajinder Singh No. 5C/07 and were on patrolling and in

search of suspected persons as well as that of drug smugglers. Barricading was done at the outer side of Village Bagehar, On the road leading towards the area of Village Burj Sema. Then started checking of vehicles. It will be around 10 AM that one white colour swift D7zire car was seen coming at a high speed. Assistant Sub Inspector Major Singh No. 69/Mansa given signal to stop the car. The driver of the car had stopped the car. At that time, there was only driver in the car. Head Constable Rajinder Singh No.5C/07 came near Assistant Sub Inspector Major Singh No. 69/Mansa and informed that car driver Amrik Singh is resident of Bhagi Wander. Earlier cases under Narcotic Drugs and Psychotropic Substances Act have been registered against him. Then Assistant Sub Inspector Major Singh No.

69/Mansa enquired about the name and address from car driver. He has told his name as Amrik Singh son of Bara Singh son of Darshan Singh resident of Village Bhagi Wander District Bathinda. He is aged about 30 years. Then upon suspect Assistant Sub Inspector Major Singh before conducting search of white colour Dzire Car NO. DLQ8CAC3143 tried to join some public witness. But there were women only present in the nearby houses. It was afternoon, therefore no other person was present at there. The persons who were working in the far away fields have shown their inability. Then upon conducting search in the dash board of the car, one black colour polythene was found lying at there. When it was opened and checked and found strips of intoxicant tablets. Upon calculation, total strips were 240 and each strip was consisting of 10 tablets.

Total tablets are 2400. Marka Alprazolam IP 0.5 mg, B7Rest 0.5 (LILC NO. 31/UA/2013 and the company name is Akums Drugs & Pharmaceuticals Limited, Plot NO. 26A, 27730, Sector 8A, I.I.E Sidcul, Haridwar7249403, Uttrakhand. The batch number and expiry date on all the strips were faded. Then Assistant Sub Inspector Major Singh No. 69/Mansa has thoroughly conducted checking of above said car. The plastic lid on the front side of gear lever was loose.

was lying therein. Upon checking, it was found as heroine. When, it was weighed on the computer weigh scale, it was fond 100 grams heroine. Then Assistant Sub Inspector Major Singh No. 69/Mansa put the recovered 2400 intoxicant tablets Alprazolam IP 0.5 mg, B7Rest 0.5 in the same black colour polythene and prepared cloth parcel. The recovered 100 gram heroine was put into plastic box alongwith small polythene and then prepared a cloth parcel. Then Assistant Sub Inspector Major Singh No. 69/Mansa has sealed both parcels with his stamp MS. Sample seal has been separately prepared. Both the parcels, sample parcel and white colour Swift Dzire Car NO. DL08CAC3143 have been taken into police custody through separate recovery memo. Memo of recovery has been signed by the witnesses.

Because intoxicant tablets and heroine was recovered from the car of accused Amrik Singh. Thereiore, his personal search was required to be conducted, because there was possibility of recovery of more intoxicant substance from him has been informed about his legal right and Assistant Sub Inspector Major Singh No. 69/Mansa has informed him that; I am Assistant Sub Inspector Major Singh. I am posted in Special Task Force, Bathinda Range Bathinda. Then Assistant Sub Inspector Major Singh No. 69/Mansa informed him t hat your search is to be conducted. I want to conduct your search as well as that of your scooter. But you have the right to either conduct your search from some Magistrate or from some other gazette officer, otherwise they can be called on the spot or your can be presented before them.

Notice under section 50 of Narcotic Drugs and Psychotropic Substances Act has been separately given with regard to his legal right. The accused has put his signatures in Punjabi. Then the above said accused said to Assistant Sub Inspector Major Singh No. 69/Mansa that he want to get conduct his search from some Gazetted officer. Upon this the memo of non7consent has been prepared. Memo of non consent has been signed by the witnesses as well as by the accused.

Sabo and informed him about the facts of the case and made request to reach on the spot. Then Deputy Superintendent of Police, alongwith Senior Constable Baljinder Singh No. 2C/403 have reached on the spot on government bolero vehicle no. PB10FF3374. Then Assistant Sub Inspector Major Singh No. 69/Mansa informed him about the facts of the case. Then Deputy Superintendent of Police conducted enquiry from the person standing nearby Assistant Sub Inspector Major Singh about his name and address. He told his name as Amrik Singh son of Bara Singh son of Darshan Singh resident of Village Bhangi Wander District Bathinda. Then Deputy Superintendent of Police has tried to Joni public witness on the spot, but everybody has shown his inability.

Then, Deputy Superintendent of Police informed him that I am Pramjit Singh Deputy Superintendent of Police and has been posted in Special Task Force, Bathinda Range, Bathinda. I am gazetted officer of Punjab government. Then Deputy Superintendent of Police informed him that your search is to be conducted under the provisions of Narcotic Drugs and Psychotropic Substances Act. I want to conduct your search as well as that of your scooter. But you have the right to either conduct your as well as your scooter search from some Magistrate or from some other gazette officer, otherwise they can be called on the spot or your can be presented before them.

Notice under section 50 of Narcotic Drugs and Psychotropic Substances Act has been separately prepared to inform him about his legal right, which has been signed by him as well as by the witnesses. Then the accused said to the Deputy Superintendent of Police that he has complete faith in him and he may get conduct the search. Upon this Memo of consent has been signed by the witnesses as well as by the accused. Then as per direction of Deputy Superintendent of Police, Assistant Sub Inspector Major Singh No. 69/Mansa conducted personal search of accused. During personal search, two currency notes of 500/500, one R.C of Car NO. DL08CAC3143, one yellow colour Oppo mobile phone with IEMI No.861950051940439 and 861950051940421 with sim no. 7347604089 have been found.

substance has been recovered. The parcel of recovered mobile has been prepared and sealed by Assistant Sub Inspector Major Singh No. 69/Mansa with his stamp MS. Sample seal has been separately prepared. Stamp after its use handed over to Head Constable Rajinder Singh NO.5C/01. Parcel consisting of mobile phone, which has been duly sealed, RC of car and currency notes have been taken into custody through separate personal search memo. Memo has been signed by the witnesses as well as by the accused. Deputy Superintendent of Police has attested the same. Accused has kept 2400 intoxicant tablets of Alprazolam Tablets IP 0.5 mg and B7Rest 0.5 mg in his possession without any permit as well as kept 100 grams heroine in his custody.

Therefore has committed offence under section 21(b) 22(c))661/85 of Narcotic Drugs and Psychotropic Substances Act. Therefore, ruqa has been written for registration of FIR against accused Amrik Singh and has been sent through email rajidnerbrarpolice898@gmail.com to government email ID stf.police@punjabpolice.gov.in to Police Station Special Task Force, Sahibzada Ajit Singh Nagar. The hard copy of ruqa has been sent through Constable Bhupinder Singh 2/248 before you. Myself Assistant Sub inspector alongwith police party is busy in investigation on the spot. In the area of Village Bagehar District Bathinda. Time 03:05 PM. Sd. Assistant Sub Inspector Major Singh, Special Task Force, Bathinda Range Bathinda. Dated 22.04.2024. Upon receipt of writing, FIR has been registered under the above said offence against Amrik Singh.

Record is being completed. For the purpose of sending copy of FIR as special report to the Illaga Magistrate and senior officers, email is being sent from email ID ps.staft.police@punjaopolice.gov.in the email ID rajidnerbrarpolic898@gmail.com which has been provided by the Investigating Officer. Direction has been given to send the special report to the concerned Illaga Magistrate through special messenger. Control room has been separately informed. Hard copy of ruga has been endorsed and copy of FIR will be sent through Constable Bhupinder Singh NO.

. Inspector Major Singh, Special Task Force, Bathinda Range Bathinda."

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4 "2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society.

3. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the right thing to do on the facts and in the circumstances of a case.

4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during investigations when that person perhaps has the best opportunity to tamper with the evidence or influence witnesses. If the investigating officer does not

find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Similarly, it is important to ascertain whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Surely, if an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider whether the accused is a first7 time offender or has been accused of other offences and if so, the nature of such offences and his or her general conduct.

The poverty or the deemed indigent status of an accused is also an extremely important factor and even Parliament has taken notice of it by incorporating an Explanation to section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting section 436A in the Code of Criminal Procedure, 1973.

5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding in prisons, leading to social and other problems as noticed by this Court in In Re7Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10 SCC 658

6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609 going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 in which it is observed that it was held way back in Nagendra v. King7Emperor, AIR 1924 Calcutta 476 that bail is not to be withheld as a punishment. Reference was also made to Emperor v. Hutchinson, AIR 1931 Allahabad 356 wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age7old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days.

7. However, we should not be understood to mean that bail should be granted in every case. The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of

7 bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory."

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held that:

25. ...It appears to have been incorporated in the Act keeping in view the severity of the punishment. The search before a Gazetted Officer or a Magistrate would impart much more authenticity and creditworthiness to the search and seizure proceedings. It would also verily strengthen the prosecution case.

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Sham/Meenu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No