Jaspal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-37006-2023 (O&M) Date of decision: 04.08.2023 Jaspal Singh

...Petitioner

Versus

State of Punjab .

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present:

Mr. Rajiv Kumar Saini, Advocate for the petitioner. Ms. Himani Arora, AAG, Punjab.

***** AMAN CHAUDHARY, J.

1.

Prayer in the present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.1 dated 21.01.2022, registered under Sections 21,25,27-A, 29 of NDPS Act, Section 25 of the Arms Act and Sections 120, 120-B IPC at Police Station State special operation cell, District Amritsar.

2.

Learned counsel contends that the petitioner is in custody for the last about 1 year and 6 months. He has been named in disclosure statement by co-accused Gurmukh Singh @ Happy from whom the recovery of 100g of heroin was effected. The recovery from the petitioner is 400g of heroin. Co-accused Harjinder Singh, Gurmukh Singh @ Happy and Harwinder Singh @ Gora have been granted regular bail by this Court after having been in custody for 3 years, 23 days, 1 year, 5 months, 26 days; 1 year, 1 months, 13 days respectively vide orders dated 21.07.2023 (Annexures P3 to P5). He is not involved in any other case under NDPS

Act. Charges stood framed on 07.10.2022 but out of 25 prosecution witnesses, only 2 have been examined.

3.

The custody certificate dated 04.08.2023, filed by learned State counsel is taken on record. As per the same, the petitioner is behind bars for the last 1 year, 6 months and 10 days. 4.

Learned State counsel opposes the bail on the ground the petitioner was apprehended at the spot and commercial quantity of contraband was recovered from him. She is however unable to controvert the submissions made regarding the stage of the case, petitioner being not involved in any other case under the NDPS Act and co-accused having been granted bail.

5.

Heard.

6.

Hon'ble The Supreme Court in the case of Dheeraj Kumar Shukla vs. The State of Uttar Pradesh, SLP (Criminal) No.6690/2022 decided on 25.01.2023 observed that in case of long custody period, involving quantity recovered to be of commercial nature, where the trial is yet to commence, though charges had been framed, the condition of Section 37 of NDPS Act can be dispensed with. In the case of Bhupender Singh vs. Narcotic Control Bureau (2022) 2 RCR (Crl.) 706, the Division Bench of this Court observed with regard to achieving balance between right to speedy trial guaranteed under Article 21 of the Constitution of India and rigors of Section 37 of NDPS Act. Similarly, in the case of Shariful Islam @ Sarif vs. The State of West Bengal SLP (Crl.) No.4173/2022, decided on 04.08.2022, Hon'ble The Supreme Court

granted bail to the petitioner in a case of recovery of commercial quantity of contraband, considering incarceration for over 1 year and 6 months and there being no likelihood of completion of trial in the near future. In the case of Munasi Masih vs. State of Punjab, CRM-M-31504-2022, decided on 06.02.2023, this Court granted bail to a first offender from whom commercial quantity of contraband had been recovered and only 2 out of 13 PWs have been examined, by observing that in view of delayed trial, the rigors of Section 37 of NDPS Act can be diluted to an extent and the petitioner can be granted bail, keeping in mind the right to a speedy trial as envisaged Article 21 of the Constitution of India. 7.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 1 year, 6 months and 10 days; his name surfaced based on disclosure statement of co-accused, from whom also recovery was effected and has been granted bail; two other co-accused were also enlarged on bail; not involved in any other case under NDPS Act; though charges were framed on 07.10.2022, however, only 2 out of 25 prosecution witnesses, have yet been examined; the trial is likely to take a considerable time, thus further incarceration of the petitioner would be violative of his right enshrined under Article 21 of the Constitution of India and the rigors of Section 37 of NDPS Act can be diluted bearing in mind the righty to a speedy trial, thus, the present petition for grant of regular bail deserves to be allowed. 8.

As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety

bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty.

(vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

9.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 10.

In view of the above, it is clarified that the observations

made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. ( AMAN CHAUDHARY ) 04.08.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No