Punjab-Haryana High Court
Jasbir Singh Alias Jassa Singh vs State Of Punjab on 4 July, 2014
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No.M-21992 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-21992 of 2014
Date of Decision:04.07.2014
Jasbir Singh alias Jassa Singh .....Petitioner
Versus
State of Punjab .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.Vipul Jindal, Advocate,
for the petitioner.
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MEHINDER SINGH SULLAR , J.(oral) Petitioner-Jasbir Singh alias Jassa Singh son of Chanan Singh, has preferred the instant petition for the grant of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.82 dated 26.11.2013, on accusation of having committed an offence punishable under Section 21 of, The Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter to be referred as "the NDPS Act"), by the police of Police Station Sarai Amanat Khan, District Amritsar City.
2. After hearing the learned counsel for the petitioner, going through the record with his valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context.
3. Ex facie, the arguments of the learned counsel that the petitioner has been falsely implicated in this case and since, he was not apprehended at the spot by the police, so, he is entitled to the concession of pre-arrest bail, are neither tenable nor the observations of the Hon'ble Apex Rani Seema 2014.07.08 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-21992 of 2014 2 Court in cases Sarija Banu(A) Janarthani alias Janani and another Versus State through Inspector of Police, 2004(12) SCC 266, Union of India Versus Bal Mukund and others, 2009(12) SCC 161, State of Rajasthan Versus Parmanand and another, 2014(2) R.C.R.(Criminal) 40, and Haricharan Kurmi Versus State of Bihar, 1964 AIR (SC) 1184, are at all applicable to the facts of the present case, at this stage, wherein while deciding the appeal, it was observed that each accused must be individually informed that he has a right to be searched before a nearest Gazetted Officer or before a Magistrate. That the confession of a co- accused cannot be treated as substantive evidence and can be pressed into service only when the Court is inclined to accept other evidence and feels the necessity of seeking for an assurance in support of its conclusion deducible from the said evidence.
4. Possibly, no one can dispute with regard to the aforesaid observations, but to me, the same would not come to the rescue of the petitioner, at this initial stage of anticipatory bail, because the prosecution has yet to interrogate the petitioner, to collect evidence against him. Therefore, the pointed submissions of the learned counsel deserve to be ignored, at this stage, inter alia, on the following grounds.
5. As is evident from the record that, the pith and substance of the prosecution version, is that on 26.11.2013, a police-party headed by Inspector Inderjit Singh, was present in connection with checking at T-Point Gandhi Wind Turn of village Cheema, District Amritsar. He received a secret information that petitioner-Jasbir Singh alias Jassa Singh and his son Amarjit Singh @ Amba, residents of village Cheema Sukar Chak and Chhatarpal Singh son of Prem Singh, resident of village Ramowal, have Rani Seema 2014.07.08 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-21992 of 2014 3 formed a gang for selling intoxicating substances for their illegal gains. They used to smuggle Heroin with the connivance of some BSF officials from Pakistan and supply it in various Districts inside and outside of Punjab. The information further proceeded that they would bring Heroin from village Cheema in a silver grey colour Verna Car bearing registration No.PB-58P-4738(without any documents), to supply in Amritsar. Believing the secret information as genuine, the police-party arranged a barrier(Naka). On receiving the information through mobile phone, Jaswant Singh, DSP (D) reached the spot at about 12.30 PM along with his other staff members as well.
6. Sequelly, according to the prosecution that at about 1.15 PM, the pointed Verna Car was seen coming from village Cheema side. The police parked their Bolero Jeep on the road, in order to stop the Verna Car, but its driver pressed hard brakes and the car was stopped before the barrier (Naka). Although, he(driver) tried to slip away with a heavy packet in his hand, but he was apprehended by the police-party. On inquiry, he disclosed his name Chhatarpal Singh son of Prem Singh. After completion of the statutory formalities and in the wake of search by the police headed by DSP (D)(Gazetted Officer), commercial quantity of 1 kg. of Heroin was recovered from the possession of accused Chhatarpal Singh.
7. Likewise, the case of the prosecution further proceeds that during the course of investigation, it revealed that petitioner-Jasbir Singh alias Jassa Singh and his son Amarjit Singh @ Amba, used to get the supply of Heroin from their apprehended co-accused Chhatarpal Singh and further used to sell it in different Districts. Not only that, accused Chhatarpal Singh was interrogated by the police, who has specifically disclosed that he had Rani Seema 2014.07.08 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-21992 of 2014 4 already supplied 65 packets of Heroin to the present petitioner and 15 &34 packets to his son Amarjit Singh @ Amba.
8. The celebrated contention of the learned counsel that nothing was recovered from the possession of the petitioner at the spot on the relevant date, so, he is entitled to the concession of anticipatory bail, lacks merit as well.
9. As indicated here-in-above, the plea of false implication, now sought to be urged on behalf of learned counsel for the petitioner, has already been negated by the Special Judge, by means of impugned order dated 05.03.2014, which in substance is as under:-
"Keeping in view the arguments advanced by Ld. Addl.PP, Ld.defence counsel and from the perusal of the record, it is clear that applicant- accused has been alleged to be a member of the gang indulging in the acts of smuggling and supplying Heroin at high level. It has been alleged that 65 packets of Heroin were smuggled by present applicant-accused and co-accused Chhatarpal Singh and two officials of BSF in connivance with each other and lateron 15 and 34 packets were again received from the Border by all these accused, in connivance with each other. As such, there are serious allegations against applicant-accused for which custodial interrogation is necessarily required, even the recovery of Heroin is also yet to be effected."
10. As mentioned here-in-above, very direct and serious allegations are assigned that the petitioner and his son belong to a member of gang of smugglers and used to receive Heroin from Pakistan, with the connivance of some BSF officials and used to sell it to different persons for their illegal gains. It is not a matter of dispute that during the course of investigation, Chhatarpal Singh, co-accused of the petitioner, has specifically stated that he has supplied 114 packets(65+15+34) to the petitioner and his son, for the purpose of sale. The police has yet to interrogate the petitioner and to collect the evidence in this relevant connection. Therefore, it cannot Rani Seema 2014.07.08 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-21992 of 2014 5 possibly be saith, at this stage, that there is no evidence against the petitioner, as contrary urged on his behalf.
11. Meaning thereby, since very serious and direct allegations of smuggling & selling of Heroin, are assigned to the petitioner and his other co-accused, so, the custodial interrogation of the petitioner is essential in this case. In case, anticipatory bail is allowed to him, then the investigating agency would be deprived to unearth the scam, ascertain the modus operandi, involvement of the petitioner in other such criminal case, recovery of 114 packets of Heroin, case property and effective investigation. It will naturally adversely affect and weaken the case of the prosecution, which to my mind, is not legally permissible. Otherwise also, the petitioner is avoiding his arrest since 26.11.2013, the date of registration of the present case against the accused.
12. Moreover, it cannot possibly be denied that the tendency and frequency of smuggling & selling Heroin from Pakistan, with the connivance of BSF officials, by such accused, have been tremendously increasing day-by-day, creating havoc, playing with the health of people and adversely affecting social fabric of the society. It needs to be curbed with heavy hands.
13. Above all, the anticipatory bail is not to be granted as a matter of routine/course in all cases. The grant or refusal of such bail depends on the variety of circumstances, the cumulative effect of which, should enter the judicial verdict. Moreover, the power under Section 438 Cr.PC is to be exercised sparingly and in exceptional cases keeping into focus the facts and circumstances of each case. At the same time, it is now well-settled proposition of law that the order of anticipatory bail cannot be allowed to Rani Seema 2014.07.08 10:23 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-21992 of 2014 6 circumvent normal procedure of arrest and investigation by the police. The Court has also to see that the investigation is in the province of the police and an order of anticipatory bail should not operate as an in-road into the statutory investigational powers of the police, in exercising the judicial discretion in granting the anticipatory bail. The Court should not be unmindful of the difficulties likely to be faced by the investigating agency and the public interest likely to be affected thereby in this relevant behalf.
14. No other legal point, worth consideration, has either been urged or pressed by the learned counsel for the petitioner.
15. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, as there is no merit, therefore, the instant petition for anticipatory bail filed by the petitioner is hereby dismissed as such, in the obtaining circumstances of the case.
Needless to mention that nothing observed, here-in-above, would reflect, in any manner, on merits of the main case, as the same has been so recorded for a limited purpose of deciding the present petition for anticipatory bail.
July 04, 2014 (MEHINDER SINGH SULLAR)
seema JUDGE
Whether to be referred to reporter? Yes/No
Rani Seema
2014.07.08 10:23
I attest to the accuracy and
integrity of this document
High Court Chandigarh