Punjab-Haryana High Court
Sajan vs State Of Punjab on 29 April, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No.12058 of 2024 (O&M) 1 2024:PHHC:058123 227 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.12058 of 2024 (O&M) Date of decision : 29.04.2024 Sajan ae Petitioner versus StateofPunjabo ee Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN ke Present :- Mr. Sumit Dua, Advocate for the petitioner. Mr. Mohit Kapoor, Sr. DAG, Punjab. REE PANKAJ JAIN, J. (ORAL)
1 This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case F.I.R. No.38 dated 28.03.2023 registered under Sections 21/29/61/85 NDPS Act (Section 29 NDPS Act added later on) at Police Station Division No.1, District Jalandhar.
2 Custody certificate has been filed. The same is taken on record. As per the custody certificate, the petitioner by now has undergone more than 1 year and 27 days.
3 Petitioner was one of the four persons apprehended while traveling in car after 500 grams of heroin was allegedly recovered from near the gear box of the car.
4 Learned counsel for the petitioner submits that the petitioner is neither owner nor driver of the car and thus it is highly debatable as to whether the petitioner can be held to be in conscious possession of the contraband merely for the reason that he was traveling in the said car.
POOJA SHARMA 2024.04.29 18:18 I attest to the accuracy and authenticity of this order/judgment.CRM-M No.12058 of 2024 (O&M) 2 2024:PHHC:058123 Further submits that prior to registration of the present case the petitioner had clean antecedents but has been involved in another case while in custody vide FIR No.112 dated 02.05.2023 registered for offences punishable under Sections 22/61/85 of NDPS Act and 52-A of Prison Act at P.S.Kotwali, Kapurthala wherein it is alleged that he was found to be in conscious possession of 25 grams of heroin. Further submits that the said recovery was in total violation of the mandatory provisions as contained under Section 50 of the NDPS Act.
5 Per contra learned State counsel opposes the bail plea submitting that the petitioner being present in the car cannot wash his hands from the recovery effected. Further submits that the petitioner was further found in possession of 25 grams of heroin while in custody and thus the conduct of the petitioner does not merit grant of bail. However, he is not in a position to dispute that the petitioner is neither the owner nor the driver of the car.
6 Having heard learned counsel for the parties and after going through records of the case without commenting on the merits of the case, keeping in view the fact that the petitioner is behind bars for more than 1 year and 27 days and by now only 1 out of 12 cited witnesses could be examined, 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 :-
(i) The petitioner shall not mis-use the liberty granted.POOJA SHARMA 2024.04.29 18:18 I attest to the accuracy and authenticity of this order/judgment.
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(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 while on bail.
(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.
(vii) The petitioner shall not in any manner try to delay the trial.
Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case.
29.04.2024 (PANKAJ JAIN ) JUDGE Pooja sharma-I POOJA SHARMA 2024.04.29 18:18 I attest to the accuracy and authenticity of this order/judgment. Whether speaking/reasoned Yes Whether Reportable : No