Harpreet Singh @ Dalvear Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 16.08.2023 HARPREET SINGH @ DALVEAR SINGH ....Petitioner
Versus
STATE OF PUNJAB
...Respondent
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. Sonpreet S. Brar, Advocate for the petitioner.
Mr. Amit Shukla, AAG, Punjab.
PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.0082, dated 01.11.2020 registered for the offences punishable under Sections 22, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') at Police Station Bajakhana, District Faridkot.
2.
As per the allegations levelled in the FIR, it has been alleged as under :
"today myself sheet ASI along with ASI Harpreet Singh 31/FRT, Jagtar Singh, 321754 PHG present on private at Bus Stand Bargarhi in connection with vehicle were patrolling, then a special informer has informed me that Gurwinder Singh son of Bhajan Singh resident Landey and Harpreet Singh son of Bikkar Singh resident of Charik are coming towards Bargarhi on Truck Tralla bearing registration No. PB13-BB-7299. Gurwinder Singh is driver of Truck Tralla and Harpreet Singh is conductor. They
are bringing intoxicating tablets on the above said PB13-BB 7299, if appropriate Nakabandi be done, then they both can be apprehended along with intoxicating tablets. Since the information is reliable and trustable, therefore the above said act of Gurwinder Singh and Harpreet Singh is covered under section 22/61/85 of NDPS Act, 1985, therefore the Ruga is being sent to the Police Station Bajakhana by the hand of PHG Jagtar Singh No. 21754 for registration of case against Gurwinder Singh son of Bhajan Singh resident of Landey and Harpreet Singh a son of Bikkar Singh resident of Charik above said. After register the case, the number of the same be intimated. Special reports be issued and be sent to the Ilaga magistrate and cannot conduct the investigation of NDPS Act as officers.
Myself ASI have not regular rank, therefore any regular SI/ASI be sent on the spot. Myself ASI associate officials is going to the Old Chowki along with Bargarhi for Nakabandi. Sd/- Jagroop Singh ASI/ 672, Police Post Bargarhi, Police Station Bajakhana, dated 01.11.2020, today within the limits of Bus Stand Bargarhi at 10.05 PM.
Today in Police Station: On receiving of above said Ruga in the Police Station, the case under above said section has been registered against Gurwinder Sing and Harpreet Singh above said. The copy of FIR along with original Ruqa is being sent to the spot for ASI by the hand of Arinda PHG. The special a reports are being sent to Illaga Magistrate and a senior officers by the hand of Ct. Manpreet Singh No. 1072/FKT. PCR is being intimated separately. Xxx"
3.
As per the case of the prosecution, the allegations levelled against the petitioner are as under :
"FIR has been registered against accused Gurwinder Singh and Harpreet Singh, on true facts, as 22000 intoxicant tablets were recoered from their possession. During
investigation, on the basis of confession made by accused Gurwinder Singh, Kamal Vishnoi Ayurvadic Store, village Ramji Goll, District Jalour, Rajasthan and Gurtej Singh @ Gagni were nominated as accused and offence under Section 29 of NDPS Act was added, vide DDR No.28 dated 04.11.2020."
4.
Custody Certificate of the petitioner has been produced today in Court, which is taken on record. As per the same, the petitioner has already undergone custody of 2 years 9 months and 12 days. 5.
Counsel for the petitioner submits that keeping in view the prolonged incarceration of the petitioner and the fact that the trial has not proceeded as only 7 out of 21 cited witnesses, have been examined so far, the petitioner shall be entitled to bail. He further submits that keeping in view the law laid down by this Court in Bhupender Singh vs. Narcotic Control Bureau, (2022) 2 RCR (Criminal) 706 whereby the Division Bench of this Court held that where a right to speedy trial vested in the petitioner and recognized under Article 21 of the Constitution of India gets defeated, Section 37 of the NDPS Act will have to pave way and the petitioner shall be entitled to grant of bail. It has been further claimed that the petitioner has no other criminal antecedents. Apart therefrom, Counsel for the petitioner relies upon order dated 2nd of August, 2023 passed in CRM-M-28909-2023 whereby co-accused namely Gurwinder Singh who was driver of the truck alreay stands admitted to regular bail observing as under :
"1.
Present petition has been filed under Section 439 Cr.P.C.
for grant of regular bail to the petitioner in case bearing FIR No.82, dated 01.11.2020, registered for the offences punishable under Sections 22 of NDPS Act at Police Station Bajakhana, District Faridkot.
2.
As per the allegations levelled in the FIR it has been alleged as under:- "Today 1 ASI along with ASI Harpreet Singh 31/Faridkot, PHG Jagtar Singh 21754, were present on a private vehicle at Bus Stand Bargari for checking. Then one informer gave information to me that Gurvinder Singh son of Bhajan Singh resident of Lande and Harpreet Singh son of Bikkar Singh resident of Charik were coming towards Bargari on Tralla Truck No.PB-13BB-7299. Gurvinder Singh is driver of Tralla Truck and Harpreet Singh who is conductor, are coming on a Tralla Truck No.PB-13- BB-7299 and bringing intoxicant
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State Counsel does not dispute the aforesaid factual assertions based on record.
7.
In view of above, without commenting on the merits of the case and keeping in view the incarceration already suffered by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 8.
However in order to ensure that the petitioner does not repeat the misadventure of abusing the concession of bail, he shall be bound by the following conditions in addition to the conditions that may be imposed by the Trial Court :
(i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence oral or documentary during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence similar to the one alleged in the present case.
(v) The petitioner shall deposit his passport, if any with the trial Court.
(vi) The petitioner shall give his cellphone number to the police authorities and shall not change his cell-phone number without permission of the trial Court.
(vii) The petitioner shall not in any manner try to delay the trial. A In case of breach of any of the aforesaid conditions and those which may be imposed by the Trial Court, the prosecution shall be at liberty to move cancellation of bail of the petitioner. 10.
Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. August 16, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No