Punjab-Haryana High Court
Virsa Singh vs State Of Punjab on 5 September, 2022
Author: Vikas Bahl
Bench: Vikas Bahl
231 CRM-M-39154-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39154-2022
Date of Decision: 05.09.2022
Virsa Singh
......Petitioner
Vs.
State of Punjab .........Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present:Mr. Karanjeet Singh Brar, Advocate, for the petitioner.
Mr. Ramdeep Partap Singh, Sr. D.A.G., Punjab.
*****
VIKAS BAHL, J. (Oral)
1. This is a first petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.104 dated 31.07.2019, registered under Sections 15 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985, at Police Station Kot Ise Khan, District Moga.
2. Learned counsel for the petitioner has submitted that in the present case, the FIR has been registered on 31.07.2019 on the basis of secret information received against an unknown person and in pursuance of the said secret information, the truck in question had been apprehended, although, no one was found to be present inside the said truck. It is further submitted that the petitioner is not named in the FIR and his name did not even figure in the secret information and the petitioner is neither the owner of the truck, nor was apprehended at the spot and further no recovery has been effected from him. It is further submitted that on 31.08.2019, after a period of one month of the registration of the FIR, as per the case of the prosecution, another secret informer had informed the police that the petitioner, along with eight other persons, is involved in the present case. It is further submitted that one of the 1 of 9 ::: Downloaded on - 08-09-2022 03:39:04 ::: 231 CRM-M-39154-2022 -2- persons who was also implicated vide the said secret information was the petitioner and on the basis of the said secret information, petitioner was arrested on 04.09.2019. It is submitted that the co-accused persons namely, Sukhchain Singh @ Chaina; Amarjit Singh @ Amba & Thela; Avtar Singh; Puran Singh and Surinder Singh have already been granted the benefit of anticipatory bail by a Coordinate Bench of this Court, which has been annexed as Annexures P-2 to P-6 along with the present petition. The petitioner has been in custody since 04.09.2019 and the challan has been presented and there are 09 prosecution witnesses, none of whom have been examined and thus, the trial is likely to take time.
Learned counsel for the petitioner has relied upon an order dated 12.01.2022 passed by the Division Bench of this Court in CRM-3773-2019 in CRA-D-198-DB-2017 titled as "Bhupender Singh Vs. Narcotic Control Bureau", order dated 22.08.2022 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.5530-2022 titled as "Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, order dated 07.02.2020 passed by the Hon'ble Supreme Court in Criminal Appeal No.245/2020 titled as "Chitta Biswas Alias Subhas Vs. The State of West Bengal", order dated 05.08.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No.1169 of 2022 titled as "Gopal Krishna Patra @ Gopalrusma Vs. Union of India,"and order dated 01.08.2022 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.5769/2022 titled as "Nitish Adhikary @ Bapan Vs. The State of West Bengal", in support of his arguments that on the basis of long custody alone, the petitioner deserves the concession of regular bail.
2 of 9 ::: Downloaded on - 08-09-2022 03:39:05 ::: 231 CRM-M-39154-2022 -3-
3. Learned State counsel, on the other hand, has opposed the present petition for regular bail and has submitted that in the present case, the recovery effected from the truck in the present case is of a very huge quantity of 6,400 kilograms of poppy husk and the petitioner has been implicated on the basis of the second secret information which was received on 31.08.2019 and the petitioner has given his own disclosure statement implicating himself in the present matter. The other facts aspects however, have not been disputed by learned State counsel. It is also submitted that the owner of the truck is not the petitioner, but one Surjit Singh.
4. This Court has heard learned counsel for the parties and has perused the paper book.
5. The Hon'ble Supreme Court in Mohammad Salman Hanif Shaikh's case (Supra), had held as under:-
"We are inclined to release the petitioner on bail only on the ground that he has spent about two years in custody and conclusion of trial will take some time.
Consequently, without expressing any views on the merits of the case and taking into consideration the custody period of the petitioner, this special leave petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing the bail bonds to the satisfaction of the Special Judge/concerned Trial Court.
The special leave petition is, accordingly, disposed of in the above terms.
Pending application(s), if any, shall also stand disposed of."
3 of 9 ::: Downloaded on - 08-09-2022 03:39:05 ::: 231 CRM-M-39154-2022 -4- The above-said case was also a case under the NDPS Act, 1985 and the FIR had been registered under Sections 8(c), 21(c) and 29 of the said Act. The case of the prosecution therein was that the recovery from the said petitioner (therein) was of commercial quantity. The Hon'ble Supreme Court had observed that the concession of bail was granted to the petitioner (therein) only on the ground that he had spent about two years in custody and the conclusion of trial will take some time.
Hon'ble Supreme Court in Chitta Biswas Alias Subhas's case (Supra) was pleased to grant concession of bail to the petitioner (therein) in a case where the custody was of 1 year and 7 months approximately. The relevant portion of the said order dated 07.02.2020 is as under: -
"Leave granted.
This appeal arises out of the final Order dated 30.7.2010 passed by the High Court of Calcutta in CRM No.6787 of 2019. The instant matter arises out of application preferred by the appellant under Section 439 Cr.P.C. seeking bail in connection with Criminal Case No.146 of 2018 registered with Taherpur Police Station for offence punishable under Section 21-C of the Narcotic Drugs and Psychotropic Substances Act, 1985.
According to the prosecution, the appellant was found to be in possession of narcotic substance i.e. 46 bottles of phensydryl cough syrup containing codeine mixture above commercial quantity.
The appellant was arrested on 21.07.2018 and continues to be in custody. It appears that out of 10 witnesses cited to be examined in support of the case of prosecution four witnesses have already been examined
4 of 9 ::: Downloaded on - 08-09-2022 03:39:05 ::: 231 CRM-M-39154-2022 -5- in the trial.
Without expressing any opinion on the merits or demerits circumstances on record, in our view, case for bail is made out.
We therefore, allow this appeal and direct as under:
(a) Subject to furnishing bail bond in the sum of Rs.2 lakhs with two like sureties to the satisfaction of the Judge, Special Court, NDPS Act, Nadia at Krishnagar, the appellant shall be released on bail.
(b) The Special Court may impose such other conditions as it deems appropriate to ensure the presence and participation of the appellant in the pending trial. With the aforesaid directions, the appeal stands allowed."
In Gopal Krishna Patra @ Gopalrusma's case (Supra), the Hon'ble Supreme Court was pleased to observe as under: -
"Leave granted.
This appeal challenges the judgment and order dated 25.01.2022 passed by the High Court Of Madhya Pradesh, Principal Seat at Jabalpur, in MCRC No.117/2022. The appellant is in custody since 18.06.2020 in connection with crime registered as N.C.B. Crime No.02/2020 in respect of offences punishable under Sections 8, 20, 27-AA, 28 read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The application seeking relief of bail having been rejected, the instant appeal has been filed.
We have heard Mr. Ashok Kumar Panda, learned Senior Advocate in support of the appeal and Mr. Sanjay Jain, learned Additional Solicitor General
5 of 9 ::: Downloaded on - 08-09-2022 03:39:05 ::: 231 CRM-M-39154-2022 -6- for the respondent.
Considering the facts and circumstances on record and the length of custody undergone by the appellant, in our view the case for bail is made out.
We therefore, direct that:
(a) The appellant shall be produced before the Trial Court within five days from today.
(b) The Trial Court shall release the appellant on bail subject to such conditions as the Trial Court may deem appropriate to impose.
(c) The appellant shall not in any manner misuse his liberty.
(d) Any infraction shall entail in withdrawal of the benefit granted by this Order.
The appeal is allowed in aforesaid terms."
A perusal of the above-said order would show that in the said case also the custody was of approximately 2 years, 1 month and 17 days and the case was under the NDPS Act, 1985 and primarily, considering the length of the custody period, concession of bail was granted to the petitioner (therein).
The Hon'ble Supreme Court of India in Nitish Adhikary @ Bapan's case (Supra) has observed as under: -
"As per the office report dated 29.07.2022, copy of the show cause notice along with Special Leave Petition was supplied to the Standing Counsel for the State of West Bengal and separate notice has been served on the State also. However, no one has entered appearance on their behalf.
The petitioner seeks enlargement on bail in
6 of 9 ::: Downloaded on - 08-09-2022 03:39:05 ::: 231 CRM-M-39154-2022 -7- F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS Act, registered at Police Station Bongaon, West Bengal.
During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.
Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.
The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.
The Special Leave Petition is disposed of on the aforestated terms.
Pending application(s), if any, shall stand disposed of."
A perusal of the said order would also show that the said case was under the NDPS Act, 1985 and the provision of Section 37 of the NDPS Act, 1985 were also mentioned in the same and the bail was granted primarily by considering the petitioner (therein) had undergone custody for a period of 01 year and 07 months and only one witness had been examined and that the petitioner (therein) did not have any criminal antecedents.
The Division Bench of this Court in Bhupender Singh's case (Supra), had also held that in case, the accused person is able to make out a case within the parameters of Article 21 of the Constitution of India in view 7 of 9 ::: Downloaded on - 08-09-2022 03:39:05 ::: 231 CRM-M-39154-2022 -8- of the custody period, then he deserves the concession of regular bail, even in the face of rigors of Section 37 of the NDPS Act, 1985.
In the present case, a perusal of the FIR would show that the same has been registered on the basis of the secret information and the petitioner had not been named in the same, nor been named in the FIR, nor any recovery had been effected from him. The alleged recovery had been from a truck bearing registration No. RJ-14-GC-7154, which as per the prosecution case, is owned by one Surjit Singh. The name of the petitioner and other accused had come about in the subsequent secret information recorded on 31.08.2019 i.e. a month after the registration of the FIR and the petitioner had been arrested on 04.09.2019. Even after the arrest of the petitioner, no recovery has been effected from him. The petitioner has been in custody since 04.09.2019 and the investigation is complete and there are 9 prosecution witnesses, none of whom have been examined, thus, the trial is likely to take time. Moreover, co-accused of the petitioner i.e. Sukhchain Singh @ Chaina; Amarjit Singh @ Amba & Thela; Avtar Singh; Puran Singh and Surinder Singh have been granted the benefit of anticipatory bail by a Co-ordinate Bench of this Court, which have been annexed as Annexures P-2 to P-6 along with the present petition. Even the custody of the petitioner is 02 years, 11 months and 21 days and thus, on the said ground and keeping in view the above-said facts and circumstances as well as the above-cited judgments, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail / surety bonds to the satisfaction of the concerned trial Court/ Duty Magistrate and subject to him not being required in any other case. The petitioner shall also abide by the following conditions:-
8 of 9 ::: Downloaded on - 08-09-2022 03:39:05 ::: 231 CRM-M-39154-2022 -9-
1. The petitioner will not tamper with the evidence during the trial.
2. The petitioner will not pressurize / intimidate the prosecution witness(s).
3. The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted.
4. The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected.
5. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail before this Court.
However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition.
September 05, 2022 (VIKAS BAHL)
nitin JUDGE
Whether speaking/reasoned Yes
Whether Reportable No
9 of 9
::: Downloaded on - 08-09-2022 03:39:05 :::