Simranjeet Singh Alias Simra v. State Of Punjab
CRM-M-55040-2025 -1-
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7 ) + $$; 9 The petitioner was apprehended by the police party on 09.12.2023 and recovery of 20 injections of Buprenorphine (Leegesic) of 02 ml each and 20 vials of Pheniramine Maleate injections was effected from him. Though, admittedly, Pheniramine Maleate injections are not covered under NDPS Act but the weight of the Buprenorphine injection was found to be falling within the ambit of commercial quantity. Hence, the rigors of Section 37 of the NDPS Act would certainly be attracted against him. Learned senior counsel for the petitioner has argued that the weight of the contraband was found to be only 19.941 grams but a perusal of the record reveals that the same was the weight of only sample injections, which were sent to FSL.
A perusal of the status report reveals that the petitioner has been convicted in one case under the NDPS Act, whereas he is facing trial in two other cases of similar nature. Not only this, he has been convicted in two more cases involving offence under Section 307 of IPC. This goes to show that the petitioner is a habitual offender.
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It has been argued that the intoxicant injections recovered from the petitioner were expired and thus the same were ineffective, which strengthens the fact that it was planted upon him. While this argument may hold some merit in cases involving first time offenders with no prior criminal history, however, it bears no weight in case of accused like the present petitioner who has a documented history of involvement in multiple cases under the NDPS Act and IPC. The plea of false implication is a stereotyped defense raised in every case where the accused is found in possession of contraband. However, in the light
CRM-M-55040-2025 -3of the petitioner's repeated offenses, it is highly improbable that he would have been falsely implicated in this case or in other cases at the whims and fancies of the investigating agency. Trial is going on and there is nothing on record to show that there would be any undue delay in conclusion of the same. Rather, the same may be expedited. The apprehension raised by learned State counsel that the petitioner, if extended bail, can abscond or indulge in similar offences can also not be stated to be unfounded keeping in view his antecedents. Keeping in view the discussion as made above, the allegations legvelled against the petitioner, the quantity of the recovered contraband, the antecedents of the petitioner, the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to be granted benefit of regular bail, at this stage. Hence, the petition is dismissed." ' )$ $
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)This factor, in the opinion of this Court, is a ground to move for bail afresh. The Hon'ble Apex Court has observed in a catena of cases that an accused cannot be kept in custody for an indefinite period of time, and the bail application can be considered on its own merits even if it is filed repeatedly. It has also been held that every day spent in custody can provide a new cause of action for filing a bail application under certain circumstances. This principle is a part of the broader approach emphasizing that law prefers bail over jail, aiming to balance the rights of the accused with the requirements of the criminal justice system. Prolonged detention itself is
CRM-M-55040-2025 -5a ground for reconsideration of bail since the settled principle of law is that detention prior to trial should not become punitive. #$$+ $) +
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