Punjab-Haryana High Court
Gurdarshan Singh Sodhi vs State Of Punjab on 26 March, 2009
Author: S.S. Saron
Bench: S.S. Saron
In the High Court of Punjab and Haryana at Chandigarh
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Criminal Misc. No.M-33605 of 2008
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Date of decision:26.3.2009
Gurdarshan Singh Sodhi
.....Petitioner
v.
State of Punjab
.....Respondent
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Present: Mr. R.S. Cheema, Senior Advocate with Mr. J.S. Mehndiratta,
Advocate for the petitioner.
Mr. Sudhir Nehra, Additional Advocate General, Punjab
for the respondent-State.
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S.S. Saron, J.
Heard learned counsel for the parties.
The petitioner seeks regular bail in a case registered against him at Police Station Sohana, District S.A.S. Nagar, Mohali for the offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (`Act' - for short).
The petitioner has retired as Deputy Superintendent of Police from Wireless Department, Telecom Circle, Haryana. He retired on 31.5.2007. He was given six months extension in August 2007 which expired on January 2008. Thereafter, he was given another extension in August 2008. At present, he is 60 years of age and he is accused in the FIR (Annexure-P.1) which has been registered on the basis of a writing sent by Sarabjit Singh, Sub Inspector, In-charge Narcotic Control Cell, Kharar, Cr. Misc. No.M-33605/2008 [2] District S.A.S. Nagar, Mohali.
Sub Inspector Sarabjit Singh along with other Police officials were in an official Tata 207 vehicle in connection with patrolling and checking of anti-social elements. The Sub Inspector was present at the Bus Stand, Sohana and special informer informed that Dara Singh (non- petitioner) smuggled narcotic substances. On that day i.e. 28.8.2008, Dara Singh along with Cocaine would be coming in his white colour Maruti Car from Zirakpur side to Village Kandala and if the picketing was organized on the road near Village Kandala then he could be nabbed with the narcotic substances Cocaine. In this regard Savinderjit Singh, PPS, DSP City-I, S.A.S. Nagar, Mohali was requested on his mobile phone to reach the spot of picketing. The intimation was definite and was reliable. Dara Singh by keeping Cocaine in his possession, it was observed, committed offence punishable under Section 22 of the Act. Accordingly, a ruqa (memo) was sent for registration of FIR against Dara Singh. Besides, senior officers were asked to be informed. The car driven by Dara Singh was apprehended on the following day i.e. 29.8.2008. Seizure memo (Annexure-P.2) was prepared. The white colour Maruti car of Dara Singh was searched and Cocaine was recovered from the red leather on the opening of the polythene bag underneath the driver seat of the car. From the recovered Cocaine two samples of 10 grams each were taken out, besides, two separate parcels were prepared by putting the same into polythene bag and securing them into plastic boxes. The remaining quantity of Cocaine on weighment was found to be 1 Kg. 210 grams. During the course of investigation, Dara Singh made a disclosure statement (Annexure-P.3) that he had given two cheques to the petitioner amounting to Rs.4 Lacs and Rs.6 Lacs. The cheque for Cr. Misc. No.M-33605/2008 [3] Rs.4 Lacs was dated 22.8.2008 and the cheque for Rs.6 Lacs was dated 20.8.2008 . Thus, it is submitted that these were given as security. Dara Singh had stated that he would get receipt which he had given on behalf of Manohar Singh amounting to Rs.45,000/- of his (Manohar Singh's) account with the AXIS Bank, besides he had concealed cheque book in the almirah of his house. His disclosure statement was recorded on 31.8.2008. On the basis of the disclosure statement of Dara Singh that he had given two cheques of Rs.4 Lacs and Rs.6 Lacs respectively to the petitioner, the petitioner was arrested and his disclosure statement dated 31.8.2008 (Annexure-P.4) was recorded. It is stated by the petitioner that the Cocaine 1 Kg. 230 grams which he had given to Dara Singh in lieu thereof he had received two cheques as security i.e. one amounting to Rs.4 Lacs and the other amounting to Rs.6 Lacs bearing the signatures of Dara Singh on the cheque book of ICICI Bank, Chandigarh. These had been kept concealed by him (petitioner) under the bedding of his bed room and he could get the same recovered.
In pursuance of the disclosure statement of the petitioner the cheques of Rs.6 Lacs dated 20.8.2008 and Rs.4 Lacs dated 22.8.2008 were recovered from the residential house of the petitioner and seizure memo dated 31.8.8.2008 (Annexure-P.5) was prepared.
Learned Senior counsel appearing for the petitioner has submitted that the cheques are blank cheques in which only the date and amount has been filled and the name to whom they are payable are not mentioned. It is submitted that Dara Singh is a financier and the petitioner after his retirement is also dealing in financial transactions. Therefore, the cheques were given in relation to the financial transactions. It was not, in Cr. Misc. No.M-33605/2008 [4] any manner, in the knowledge of the petitioner whether Dara Singh had been indulging or in any way dealing in the contraband. It is submitted that Dara Singh may have used the name of the petitioner being a former Police Officer.
In response, learned counsel for the State has submitted that the recovery of the cheques clearly shows the involvement of the petitioner in the case which led to the recovery of 1 Kg. 230 grams of Cocaine. It is submitted that Dara Singh had given the cheques to the petitioner towards the security for the transaction of contraband which was recovered from him and, therefore, the petitioner is not entitled to the concession of bail.
I have given my thoughtful consideration to the matter. On the last date of hearing, learned counsel for the State had taken time to ascertain whether any other case is registered against the petitioner and his co- accused Dara Singh (non-petitioner).
Learned counsel for the State, on instructions from ASI Kuldeep Singh, Police Station Sohana, has submitted that to the knowledge of the said Police official no other case is pending against the petitioner or against Dara Singh.
As has already been noticed, the petitioner is a retired Police Officer, who retired from the rank of DSP. He is aged 60 years. The question whether on his disclosure statement two cheques of Rs.6 Lacs and Rs.4 Lacs respectively were recovered on the statement made by Dara Singh and as to for what purpose the said cheques were given is to be considered and gone into by the trial Court after evidence has been led. At this stage, it cannot be said that the said cheques were given only for the purpose of security which Dara Singh had given for the contraband that has been Cr. Misc. No.M-33605/2008 [5] recovered. The case of the petitioner is that he after his retirement had started the work of finance and Dara Singh was also a financier. This aspect would also require to be gone into by the trial Court after evidence has been led by the parties. The petitioner is in custody since 31.8.2008. The trial in the case is likely to take time. There are reasonable grounds for believing that the petitioner is not guilty of the offence and while on bail he is not likely to commit an offence.
In the circumstances, the petitioner on his furnishing personal bond and two sureties to the satisfaction of the trial Court shall be admitted to bail. One of the sureties shall be of a responsible person who shall undertake that the petitioner while on bail shall maintain peace and be of good behaviour.
Nothing observed herein shall be construed as an expression of opinion on the merit of the case and the learned trial Court shall consider the case on the basis of evidence and material produced before it. March 26, 2009. (S.S. Saron) Judge *hsp*