Punjab-Haryana High Court
Harjinder Singh Alias Rajinder Singh vs State Of Punjab on 25 April, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM No.M-7166 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-7166 of 2013 (O&M)
Date of Decision: April 25, 2013.
Harjinder Singh alias Rajinder Singh
..........PETITIONER(s).
VERSUS
State of Punjab
.........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Jaspreet Singh, Advocate
for the petitioner.
Mr. Deepak Garg, A.A.G., Punjab.
*******
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed under Section 439 of Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.49 dated 2.6.2012 under Section 21 of Narcotics Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') registered at Police Station Garhshankar, District Hoshiarpur.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Hoshiarpur, dismissing the bail application filed on behalf of the petitioner.
CRM No.M-7166 of 2013 -2-
Briefly stated, allegations against the petitioner-accused are that two vehicles were intercepted by the police party on suspicion while on patrol duty on 2.6.2012. Petitioner was occupant of one of the said cars make I20 without having any number. The said car was being driven by co-accused Amandeep Singh @ Cheema. The petitioner-accused was sitting on the adjoining seat and he disclosed his name as Rajinder Singh alias Jinder son of Balvir Singh, caste Jat, resident of Kattan, Police Station Behram, District SBS Nagar. On personal search of petitioner- accused Rajinder Singh 50 gms of Methamphetamine (Ice) was recovered which was being kept by him in his right side pocket wrapped in an envelop. Similarly, 50 gms of Methamphetamine (Ice) was recovered from co-accused Amandeep Singh. On search of the car which was occupied by the petitioner, a bag was also recovered containing 20 kgs of intoxicant material used for preparing Methamphetamine (Ice).
It has been contended by learned counsel for the petitioner- accused that alleged recovery of Methamphetamine (Ice) from the person of accused comes within the definition of non-commercial quantity as per entry 159 of the Notification issued under Clause VII-A of Section 2 of the Act. It is further submitted that Methamphetamine (Ice) salt is also not mentioned in Schedule-I to the Rules framed under the Act and that the matter has already been referred to larger bench of Hon'ble Apex Court in Pardeep Dond Vs. Intelligence Officer, Narcotic and Control Bureau Ballard Estate and another and that Hon'ble Apex Court had disapproved order of Bombay High Court vide which bail order passed CRM No.M-7166 of 2013 -3- by learned Special Judge was set aside. It is further contended that on similar facts, bail was granted by this Court to accused Narinder Kumar Aggarwal @ Goyal in Crl. Misc. No.M-5071 of 2011 decided on 6.5.2011. It is further contended that so far as the recovery of 20 kgs powder from the possession of petitioner-accused is concerned as per report of Chemical Examiner, the same was found containing salt ephedrine and the same is neither manufactured drug nor psychotropic substance and is at best a controlled substance vide notification NoS.O.1296(E) dated 28.12.1999 and therefore, the case would at best fall under Section 25-A of the Act. Hence, it is contended that rigor of Section 37 of the Act would not be applicable in this case and that petitioner has already been continuing in custody since 2.6.2012 and trial is not likely to be concluded in near future and hence, he deserves the concession of bail.
Bail application has been vehemently opposed by learned counsel for the State on the plea that there is huge recovery of narcotic drug and ephedrine from the possession of petitioner-accused. It is further contended that salt ephedrine is used for manufacturing Methamphetamine (Ice) and the same was also being kept by the petitioner-accused in violation of the Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993 issued under Section 9-A of the Act which is punishable under Section 25-A of the Act. Hence, it is contended that petitioner is likely to indulge in similar type of activities if released on bail. It is further contended that CRM No.M-7166 of 2013 -4- charge against the petitioner has already been framed and four witnesses have already been examined and that trial can be expedited.
I have considered all the aforementioned facts and circumstances of the case. In this case, there is combined recovery of 50 gms of Methamphetamine (Ice) and 20 kgs of ephedrine powder from the possession of petitioner-accused besides other recovery effected from the co-accused. Charge in this case has already been framed and four witnesses have already been examined. Hence, trial can be expedited. Moreover, offence under Section 25-A of the Act is also punishable with rigorous imprisonment upto ten years and fine, which may extend upto `1 lac and Court is also empowered to impose fine exceeding `1 lac.
Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the petitioner- accused. There is no merit in the instant application for bail filed by petitioner Harjinder Singh alias Rajinder Singh. The same is, hereby, dismissed.
( RAM CHAND GUPTA ) April 25, 2013. JUDGE Sachin M.