Nirvair Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: August 17, 2023 Nirvair Singh ....Petitioner versus State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Jashandeep Singh Sandhu, Advocate for petitioner. Ms. Guramrit Kaur, DAG Punjab.

***** ARUN MONGA, J. (ORAL) After being declined bail by the trial Court, petitioner, before this Court seekshis release as undertrial in a case bearing FIR No.140 dated 01.12.2022, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') (Section 29 of NDPS Act added later on), at Police Station, Lakho Ke Behram, District Ferozepur, Punjab.

2.

Per prosecution version, petitioner and co-accused, namely Bohar Singh were apprehended on a secret information, while coming on motorcycle. On search of a plastic bag being carried by them, recovery of 5,000 intoxicating tablets of Tramadol Hydrochloride 100 mg. (Clovedol-100SR) was made. An FIR was registered in this regard. Both are in custody since 01.12.2022. 3.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. He submits that no independent witness was joined. He also submits that neither petitioner was taken before a gazetted officer nor was any gazetted officer called at the spot. Thus, there is violation of mandatory provisions of Sections 50 of the NDPS Act. Even compliance of Sections 42 and 52 of the NDPS Act has also not been made. He also submits that nothing is to be recovered from the petitioner. There is no other case pending against the petitioner.

3.2.

Learned counsel further submits that petitioner's wife as well as his ailing mother (aged 95 years) are bed-ridden and there is no other male member in the family to look after them.

4.

Matter was heard earlier also on 10.08.2023 when time was granted to the State to file a specific affidavit qua medical condition of petitioner's wife, who is stated to be bed ridden as well as ailing mother who suffers from age related problems being 95year old senior citizen. 5.

On resumed hearing today, learned State counsel submits that due to paucity of time, report could not be filed. However, she informs, under instructions from ASI Gurkanwaljit Kaur, that petitioner's wife is indeed unwell and needs immediate medical care and attention of her husband (petitioner herein), since there is no male member in the family. Other than his wife, petitioner hasgot mother and grandmother as the only two adults at home.

6. Faced with the above, learned counsel for the petitioner sates that he does not press his prayer seeking regular bail at this stage and requests that petitioner may be released on interim bail on medical grounds.

7.

I have heard rival contentions of learned counsels for the parties and have gone through the case file.

8. Given the condition of the wife of the petitioner and his family setup, I am of the view that there is an emergent situation requiring him to attend his ailing wife qua her medical care and attention. Learned counsel for petitioner also points out that there are two minor children also from the wedlock who are living in utter state of neglect, since their mother (wife of petitioner) is bed-ridden. Petitioner is only male member in the family.

9.

On a Court query, learned State counsel submits that challan has already been presented. Investigation is complete qua petitioner, he is thus not required for custodial interrogation. Out of total 13 witnesses, only one has been examined so far. Whereas, petitioner has already been languishing in jail for the last more than 8 months in preventive custody, being behind bars since 01.12.2022.

10.

Petitioner, having ailing wife, two minors, mother and grandmother, being a family man with fixed abode, is unlikelyto be flight risk or to flee from the trial proceedings.

10.

Considering the overall scenario, without commenting on the merits of the case, the prayer for interim bail is allowed. 11.

Accordingly, petitioner is ordered to be released on interim bail for a period of three months, on his furnishing bail bonds and surety bonds to the satisfaction of learned trial Court, where his case is being tried and in case he/she is not available, before learned Duty Judge, as the case may be. He shall surrender before the concerned Court after completion of three months from the date of his release. The dates of release and surrender to be determined by the releasing Court. 12.

In case, petitioner is found to be involved or gets involved in any offence while on bail, the prosecution shall be at liberty to seek cancellation of his bail in the instant case.

13.

It is made clear that any observations and/or submissions noted hereinabove shall not have any effect on merits of the case as the same are for the limited purpose of hearing the instant bail petition alone and learned trial Court shall proceed without being influenced with this order.

14.

Pending application(s), if any, shall also stand disposed of. 15.

Disposed of, accordingly.

(ARUN MONGA) JUDGE August 17, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No