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Punjab-Haryana High Court

Dinesh Kumar Alias Bunty vs State Of Punjab on 19 July, 2023

Author: Pankaj Jain

Bench: Pankaj Jain

CRM-M No.33408 of 2023 (O&M) ss: 2023: PHHC:090728

222 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.33408 of 2023 (O&M)
Date of decision : 19.07.2023

Dinesh Kumar @ Bunty eee Petitioner
versus
StateofPunjabo ee Respondent

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

ke

Present :- Mr. Vishal Mittal, Advocate
for the petitioner.

Mr. Amit Shukla, Asst. A.G., Punjab.

REE

PANKAJ JAIN, J. (ORAL)

1 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.288 dated 24.11.2022 registered under Section 21 (b), 27-A of the NDPS Act at Police Station City Malout, District Sri Muktsar Sahib, Punjab.

2 Custody certificate dated 17.07.2023 by way of affidavit of Varun Sharma, Superintendent of District Jail, Muktsar on behalf of State has been filed. The same is taken on record.

3 As per the allegations levelled in the FIR it has been alleged as under :-

"Head Officer Police Station City Malout "Fateh" Today I ASI with HC Baljinder Singh 440/S.M.S, Constable Nirmal Singh 1521/S.M.S and P.H.G Tejinder Singh 23776 on private vehicle were patrolling and checking in relation to suspected males of the area Police station and when police party was going through Shekhu Road to Bathinda-Malout GT Road through city Malout that when police party was prior to Bathinda-Malout GT road that when two persons with haircut were seen sitting on right side who were inspecting a transparent polythene bag. On POOJA SHARMA 2023.07.19 16:55 I attest to the accuracy and integrity of this document CRM-M No.33408 of 2023 (O&M) 2: 2023: PHHC:090728 which I ordered to stop the car and with my fellow officer apprehended them on the basis of suspicion. On asking their names one of them told his name Dinesh Kumar @ Bunty S/o Satish Kumar R/o Manohar Nagpal MC Vali Galli No. 2 Ward No. 2 Gobind Nagar Malout and other told his name Sunil @ Deepak S/o Satish Kumar R/o Chapra Vali galli no. 2 No. 2 Gobind Nagar Malout. From above said persons with haircut having transparent plastic bag in which any intoxicant is directly observed. So I ASI due to having local rank was unable to take any action according to the law enacted related to intoxication items. So for next action any regular NGO is to be sent at the spot. Information through PHG Tejinder Singh is sent to police station. I with my fellow officer hold the adults with haircut at the spot who were detained. On which SI Malkit Singh after registering the DDR forwarded actual Ruka and copy of the rapat for the next action I with SI along with PHG Tejinder singh 23776 Along with Laptop, Printer and investigation Kit, was sent on a private vehicle from the spot. On which I ST asked the name and address from the boys with haircut again and again. One of them told his name Dinesh Kumar @ Bunty S/o Satish Kumar R/o Manohar Nagpal MC Vali Galli No. 2 Ward No. 2 Gobind Nagar Malout and other told his name Sunil @ Deepak S/o Satish Kumar R/o Chapra Vali gali no. 2, Ward No. 2 Gobind Nagar Malout. I SI told my name and designation/rank and posting to Dinesh Kumar alias Bunty who was one of the two boys with haircut that I Sub- Inspector Manjinder Singh is posted at city Police Station Malout and I am wearing my police uniform on which my name plate is there. I am of the suspicion that you have some intoxicant product in your transparent polythene bag. That you and your transparent polythene bag is to be searched. That you have all the rights as per the law under prohibition of narcotics products that you can get you as well as your polythene bag get searched from a Gazette officer or Magistrate officer. That they can be called on the spot or you can be taken to them. They told that they do not wanted them or their polythene bag to be searched from Gazette officer, I have full faith in you and you can search me as well as the transparent polythene bag. That I SI has issued separate notice u/s 50 of NDPS Act. On which Dinesh Kumar alias Bunty has put down his signatures in english and ASI Baagchand 559/SMS and Constable Baljinder Singh 440/SMS has put their witnesses. Then I SI told my name, designation/rank and posting to the other young lad Sunil Kumar alias Deepak as I Sub-Inspector Manjinder Singh is posted at city Police Station Malout and I am wearing my police uniform on which my name POOJA SHARMA plate is there. I am of the suspicion that you have some intoxicant product 2023.07.19 16:55 I attest to the accuracy and integrity of this document CRM-M No.33408 of 2023 (O&M) 333: 2023: PHHC:090728 in your transparent polythene bag. That you and your transparent polythene bag is to be searched. That you have all the rights as per the law under prohibition of narcotics products that you can get you as well as your polythene bag get searched from a Gazette officer or Magistrate officer. That they can be called on the spot or you can be taken to them. They told that they do not want them or their polythene bag to be searched from Gazette officer, I have full faith in you and you can search me as well as the transparent polythene bag. That I SI has issued separate notice u/s 50 of NDPS Act. On which Dinesh Kumar alias Bunty has put down his signatures in English and ASI Baagchand 559/SMS and Constable Baljinder Singh 440/SMS has put their witnesses. Then I SI started searching the polythene bag which was with the young boys with haircut, before searching we tried to made any public witness but everyone stating their concern, and no one got themselves party to the investigation. Then I ST in presence of witness Dinesh Kumar alias Bunty and Sunil Kumar alias Deepak and searched the above said transparent polythene bag and Heroin was found which was weighted on computerized weighing machine and on weighing along with the polythene bag 08 grams of heroin was recovered. This was kept in plastic box and then in cloth piece and package was prepared. Package was prepared and I SI stamped it with my Initials MS and sample was prepared with stamp form M-29. The above said stamped package along with sample and M-29 form was taken into police custody through farad recovery. Farad was witness by ASI Baagchand 559/SMS and constable baljinder Singh 440/sms. Then I AST searched the black lower worn by Dinesh Kumar alias Bunty and from the right pocket one packet with Rs. 60,000/- of Indian currency in denominations of 102 notes of 500/500 and 100 notes of 100/100 each as drug money was recovered and from the left pocket one computer weighing machine was recovered for which one separate package was prepared and I SI stamped it with my initials as MS and witnesses has put their witness then I SI searched the other young lad Dinesh Kumar alias Bunty who was wearing a jean and he was searched and from right pocket one packet containing 66 notes of 200/200 and 45 notes of 100/100 and 26 notes of 50/50 in total of Rs. 19,000/- of Indian currency as drug money was recovered. For which one separate package was prepared and I SI stamped it with my initials as MS and witnesses has put their witness. Stamp after use was handed over to ASI Baagchand 599/sms. Accused Dinesh Kumar alias Bunty and Sunil Kumar Alias Deepak has committed an offence u/s 21-B61/85 of NDPS Act for keeping in possession 08 grams .. a> POOJA SHARMA of Heroin and Drug money.

CRM-M No.33408 of 2023 (O&M) 4s: 2023: PHHC:090728

4 Learned counsel for the petitioner inter-alia submits that the story put forth by the prosecution is highly improbable. 8 grams of heroin is stated to have been recovered from both the petitioner as well as from the co-accused. The petitioner has already suffered incarceration for more than 7 months and 23 days. Further offence punishable under Section 27-A of the NDPS Act will not be made out as there is no evidence on record that links the money with the drug trade.

5 Learned State counsel on the other hand submits that the petitioner is a habitual offender and has two more cases under NDPS Act registered against him. He further states that the investigation stands concluded.

6 Without commenting on the merits of the case, considering the period already spent by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned. However, in addition to conditions that may be imposed by the Trial Court/Duty Magistrate concerned, the petitioner shall remain bound by the following conditions :-

@) 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.

CRM-M No.33408 of 2023 (O&M) te Be 2023: PHHC:090728

(vii) The petitioner shall not in any manner try to delay the trial.

7 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.

8 Ordered accordingly.

9 Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case.

(PANKAJ JAIN ) JUDGE 19.07.2023 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2023.07.19 16:55 I attest to the accuracy and integrity of this document