Gurdev Singh Alias Gurdev Bhagat Alias Bittu Baba v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-44254-2022 in/and CRM-M-51138-2022 (O&M) Date of Decision:-6.12.2022 Gurdev Singh @ Gurdev Bhagat @ Bittu Baba ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Akbarjit Singh, Advocate for the petitioner. Ms. Swati Batra, DAG, Punjab, assisted by ASI Manjinder Singh.

***** GURVINDER SINGH GILL, J. (Oral) CRM-44254-2022 In view of the reasons mentioned in the application, the same is allowed and the hearing of the main petition is preponed from 27.02.2023 and is taken on board today.

CRM-M-51138-2022 (Main Case) 1.

The petitioner seeks grant of regular bail in respect of a case registered vide FIR No.0083, dated 17.05.2022, Police Station Division No.5, Jalandhar, under Sections 21 and 29 of the NDPS Act and Sections 25, 54 and 59 of Arms Act.

( 2 ) CRM-M-51138-2022 (O&M) 2.

As per the case of prosecution, on 17.5.2022, a secret information was received by the police to the effect that Deepak Kapoor @ Deepu is into business of selling 'heroin' at a large scale and that on the given day he was proceedings on a motorcycle bearing registration No.PB-08-CU-3581 from Ghah Mandi Chowk to Baba Jagjeewan Ram Chowk for supplying 'heroin' to his customers. Pursuant to receipt of said information, the police was able to apprehend the aforesaid Deepak Kapoor @ Deepu and from whose possession 1 kilogram and 50 grams of 'heroin' apart from drug money amount to Rs.1,72,250/- was recovered. A pistol and .32 bore magazine were also recovered from him. It is further the case of prosecution that during the course of interrogation, he disclosed that Gurdev Singh @ Gurdev Bhagat @ Bittu Baba (petitioner) was his supplier.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and was never ever found near the spot nor any recovery was ever effected from him. Learned counsel has submitted that infact it is a case where as many as 6 persons have been nominated on the basis of disclosure statements and that no authenticity can be attached to such like disclosure statements. It has further been submitted that apart from the disclosure statement, there is no other evidence to connect him with the alleged recovery and that the petitioner otherwise enjoys a clean record. 4.

Opposing the petition, learned State counsel has submitted that since the petitioner has been specifically nominated by the person from whom huge quantity of 'heroin' was recovered, his complicity is clearly evident. 5.

Upon a query made by this Court, learned State counsel, upon instructions from ASI Manjinder Singh, has informed that no call-details record in respect

( 3 ) CRM-M-51138-2022 (O&M) of any of the accused was ever collected and that the prosecution mainly banks upon the disclosure statements. It has also been informed that the petitioner as on date has been behind bars since the last more than 6 months and that challan already stands presented although no PW out of the cited 17 PWs has been examined till date. It has also been informed that the petitioner otherwise enjoys a clean record.

6.

This Court has considered the rival submissions. 7.

It is not in dispute that the only evidence against the petitioner is in the shape of disclosure statement of co-accused and no further evidence in the shape of call-details record etc. has been collected to establish the allegations against the petitioner. The petitioner otherwise has a clean record and is not stated to be involved in any other case. The challan already stands presented in the present case. The petitioner has been behind bars since the last more than 6 months. Conclusion of trial is likely to consume time inasmuch no PW out of the cited 17 PWs has been examined so far. In these circumstances, further detention of the petitioner will not serve any useful purpose. The petition, as such, is allowed and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 6.12.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No