Punjab-Haryana High Court
Deepak Thapa vs Union Terrotory Chandigarh on 5 February, 2025
Neutral Citation No:=2025:PHHC:017128
CRM-M-5670-2025 1
202
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-5670-2025
Date of Decision: 05.02.2025
DEEPAK THAPA
.....Petitioner
VERSUS
UNION TERROTORY CHANDIGARH .....Respondent
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Vivek Kathuria, Advocate,
for the petitioner
Mr. Manish Bansal, APP, UT, Chandigarh.
KULDEEP TIWARI, J.(Oral)
1. Through the instant petition cast under Section 483 of the B.N.S.S., the petitioner prays for him being granted the concession of regular bail, in case FIR No.0001, dated 16.02.2024, under Sections 21 of the N.D.P.S. Act, (Sections 22/29 of the NDPS Act, and Sections 419, 467, 468 and 471 of the IPC, and Section 14 of the Foreigners Act, added later on), registered at Police Station Anti-Narcotics Task Force, Chandigarh.
2. This is a third petition, filed by the present petitioner, for grant of regular bail, the last one having been dismissed as withdrawn on 17.09.2024 (Annexure P-5).
3. The instant case has been registered on a complaint of SI Suresh Kumar. The relevant extract of the FIR reads as under:-
"...today 1, SI alongwith HC Anil 1649/CP, Sr. C. Jasbir Singh 508/CP. Sr. C. Sandeep 2137/CP, Sr. C. Narinder 1889/CP, C. Sumit 3746/CP, C. Ravinder 4599/CP were patrolling in the area of U.T., Chandigarh prevention of crime in two private vehicles. After parking our private vehicles in the parking in front of Sector 40 Market, when I alongwith accompanying officials was patrolling on foot along the wall of Govt.
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4. The learned counsel for the petitioner submits that the reason for filing the instant third petition is that there is no progress in the trial, since the dismissal of last bail application on 17.09.2024, till date as out of the total 27 prosecution witnesses, examination-in-chief of only two witnesses has completed, therefore, the trial is progressing at a snails pace, therefore, no fruitful purpose would be served by keeping the petitioner behind the bars, who has already suffered incarceration of more than 11 months, as on today.
5. He next subnits that, the petitioner was apprehended while carrying 19.77 grams of heroin (minus the weight of polythene bag) and 22.20 grams of cocaine. Both the contrabands fall within the ambit of non- commecial quanity as per the Schedule attached to the NDPS Act, therefore, the rigor of Section 37 of the NDPS Act is not applicable.
6. He finally submits that the co-accused-Daniel, has been extended the relief of regular bail by a co-ordinate bench, vide order dated 27.01.2025 (Annexure P-10) and the present petitioner is on co-equal pedestal.
7. On the other hand, learned APP, UT, Chandigarh, although vociferously opposes the grant of regular bail to the petitioner, however, on instructions imparted to him by the official concerned, he verifies that out of the total 27 prosecution witnesses cited by the prosecution in the final report, only the examination-in-chief of two witnesses has completed till date.
8. He has also filed a custody certificate qua the present petitioner in the court today, which is ordered to be taken on record. The custody certificate reflects that the petitioner has suffered incarceration of 11 months 3 of 4 ::: Downloaded on - 08-02-2025 12:35:25 ::: Neutral Citation No:=2025:PHHC:017128 CRM-M-5670-2025 4 and 16 days, as on today, and he is stated to be involved in two other criminal cases, but not of a similar nature, however, he is on bail in those cases.
9. This Court has heard the submissions made by the learned counsels for the parties and perused the record.
10. Be that as it may, considering the fact that: (i) the recovered contraband falls within the ambit of "non commercial quantity"; (ii) as per the custody certificate (supra), the petitioner has suffered incarceration of 11 months and 16 days till date; (iii) there is no likelihood of the trial concluding anytime soon inasmuch as out of the total 27 prosecution witnesses only examination-in-chief of only two witnesses has conducted; (iv) co-accused-Daniel, has already been extended the relief of regular bail by a co-ordinate bench; this Court deems it appropriate to grant the concession of regular bail to the petitioner. Therefore, without commenting upon the merits and circumstances of the present case, the present petition is allowed. The petitioner is ordered to be released on bail on furnishing of bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.
11. However, anything observed here-in-above shall have no effect on the merits of the case and is meant for deciding the present petition only.
12. All pending application(s), if any, also stand disposed of accordingly.
(KULDEEP TIWARI)
February 05, 2025 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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