Punjab-Haryana High Court
Munish Kumar vs State Of Punjab And Another on 30 May, 2023
2023:PHHC:079743
CRM-M-5683-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.211
Case No. : CRM-M-5683-2023
Date of Decision : May 30, 2023
Munish Kumar .... Petitioner
vs.
State of Punjab and another .... Respondents
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Ullas Kapoor, Advocate
for the petitioner.
Mr. Sarabjit Singh Cheema, DAG, Punjab.
* * *
GURBIR SINGH, J. :
1. Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.235 dated 18.07.2022, under Sections 22, 61, 85 of the NDPS Act, 1985, registered at Police Station Derabassi, District S.A.S. Nagar.
2. As per allegations, on 18.07.2022, police party was present at Derabassi Bus Stand in connection with search of suspicious and bad elements. During nakabandi, one youngster was seen coming on foot from the side of Lalru near the wall of Government School. He was slinging a black colour bag on his right shoulder. On seeing the police party, he turned back. He was apprehended on the basis of suspicion. On asking, he disclosed his name as Manish Kumar son of Kuldeep Sharma. He further disclosed that he was having intoxicant capsules in his bag. So, he got frightened and turned back. His search was conducted as per rules. The bag MONIKA 2023.06.02 18:20 I attest to the accuracy and integrity of this document 2023:PHHC:079743 CRM-M-5683-2023 -2- contained 264 strips of Spasmo-Proxyvon capsules of blue colour and each strip was having 08 capsules. Thus, total recovered capsules came out to be 2112 in number, which were taken in possession as per rules.
3. Learned counsel for the petitioner submits that the case foisted upon the petitioner is false. Copy of Recovery Memo is Annexure P-7, which was taken on record vide order dated 20.02.2023. As per version of the prosecution, Recovery Memo was prepared at the spot but number of FIR is written on the Recovery Memo itself. The FIR number would not have been received when Recovery Memo was prepared. Moreover, it is not the case of the prosecution that the police party was having computer, printer etc. with them, but Recovery Memo and other documents are computer printed. So, the case of the prosecution is full of suspicion. Therefore, it has been argued by learned counsel for the petitioner that Recovery Memo is a forged document. In the report of Forensic Science Laboratory (Annexure P-2), 49.8 mg Tramadol Hydrochloride was found present in each capsule. It is further submitted that when there is specific report regarding the contents of the contraband, entire weight of the capsule cannot be taken into consideration. He has further submitted that the petitioner is in custody since 18.07.2022. It will take a long time for completion of trial. Therefore, the petitioner be granted concession of regular bail.
4. On the other hand, learned State counsel has opposed the prayer made by learned counsel for the petitioner by submitting that the police party was having computer and printer with them when the petitioner was apprehended. The recovery in the case in hand was of 2112 capsules. MONIKA Average weight of each capsule was 625 mg. Thus, overall weight of 2023.06.02 18:20 I attest to the accuracy and integrity of this document 2023:PHHC:079743 CRM-M-5683-2023 -3- recovered capsules came out to be 1320 gms. Recovery from the petitioner falls under commercial quantity. He has further submitted that it is common practice that space for FIR number is left blank in the recovery memo for mentioning the same later and after registration of the case, the space kept blank is filled in. In the present case also, the same practice was followed and there was no tampering with any of the record by the police officials. He has relied on a judgment of Delhi High Court in the case of Mohd. Asif vs. State (Delhi Admn.) - 1991 (3) Recent Criminal Reports 508. He has further submitted that poor management of the documents cannot be held to be fatal, unless the Investigating Officer is examined, as has been held by Himachal Pradesh High Court in the case of Jauni Ram vs. State of H.P. - 2004 (3) CLJ (H.P.) 484. The trial of the case is still going on.
5. Heard.
6. As per prosecution version, 2112 capsules of Spasmo-Proxyvon were recovered from the petitioner and average weight of each capsule was 625 mg, meaning thereby that the total weight of recovered capsules was 1320 gms. It is not only the salt but the entire content of drug is to be seen while determining whether it falls under the commercial, big or small quantity of contraband. More than 250 gms of Tramadol Hydrochloride falls under the category of commercial quantity, as per Notification issued by Government of India. It cannot be assumed that the petitioner shall not commit any offfence of such nature if released on bail and it cannot be said that prima-facie he is not guilty of such offence.
7. Accordingly, without discussing the merits of the case, I am of MONIKA the view that the petitioner does not deserve the concession of regular bail, 2023.06.02 18:20 I attest to the accuracy and integrity of this document 2023:PHHC:079743 CRM-M-5683-2023 -4- at this stage.
8. Dismissed.
9. However, nothing contained herein above shall be construed as an expression of opinion on the merits of the case.
May 30, 2023 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
MONIKA
2023.06.02 18:20
I attest to the accuracy and
integrity of this document