Abhay Mondal v. The State of West Bengal SLP
Case Details
CRM-M-6279-2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 221 Pritpal Singh @ Laddi State of Punjab Versus CRM-M-6279-2024 (O&M) Date of decision: 03.04.2025 ....Petitioner ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Vishal Mittal, Advocate for the petitioner. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this petition filed under Section 439 of Cr.P.C., is
Facts
for grant of regular bail to the petitioner in FIR No.065 dated 11.04.2023 registered under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the NDPS Act’) at Police Station Lehra, District Sangrur. 2. The brief facts of the case are that on 11.04.2023, at around 03:00 PM, SI Gurmail Singh, along with the police party was on patrol duty and he had set up a barricade on the road between villages Raidharana and Harigarh. During the checkpoint, an Alto car bearing registration No.HR06-V-9040 was seen coming from Harigarh side. The driver of the said car, upon seeing the police, suspiciously stopped the car and tried to turn it back but failed. The police party approached the car and found 05 white plastic bags containing Poppy Husk. Thereafter, MOHD YAKUB 2025.04.03 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-6279-2024 2 the driver of the car was apprehended and he disclosed his name as Pritpal Singh @ Laddi (petitioner herein). Despite attempts to involve independent witnesses, none cooperated. In compliance with Section 50 of the NDPS Act, DSP Pushpinder Singh was called at the spot, and after completing the necessary formalities, the bags were checked and recovery of total 150 kgs of Poppy Husk was effected. Thereafter, the FIR (supra) was registered. 3.
Legal Reasoning
“20. The standard to be considered therefore, is one, where the court would look at the material in a broad manner, and reasonably see whether the accused’s guilt may be proved. The judgments of this court have, therefore, emphasized that the satisfaction which courts are expected to record, i.e., that the accused may not be guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation (as held in Union of India v. Rattan Malik). Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too (ref. Satender Kumar Having regard to these factors the court is of Antil supra). the opinion that in the facts of this case, the appellant deserves to be enlarged on bail. 21. Before parting, it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual Jails are overcrowded and their living is immeasurable. conditions, more often than not, appalling.” (emphasis added) 9. A two Judge Bench of Hon’ble Supreme Court in “Satender Kumar Antil vs. CBI”, (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed: “6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the MOHD YAKUB 2025.04.03 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-6279-2024 6 mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other.” 10. In view the discussion above, the present petition is allowed. Accordingly, without commenting upon the merits of the case, the petitioner namely Pritpal Singh @ Laddi is ordered to be released on regular bail during pendency of the trial, on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court/Duty Magistrate. 11. Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial. (HARPREET SINGH BRAR) JUDGE 03.04.2025 yakub Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MOHD YAKUB 2025.04.03 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh
Arguments
Learned counsel for the petitioner inter alia contends that the case of the petitioner is fully covered by the ratio of judgment passed by the Hon’ble Supreme Court in Nandlal Mondal @ Abhay Mondal Vs. The State of West Bengal SLP (Crl.) No(s).12788/2023. He further submits that the present petition has been filed in view of the infringement of petitioner’s right enshrined under Article 21 of Constitution of India as the petitioner is behind the bars since 14.04.2023 and has undergone actual custody period of 01 year, 11 months and 19 days and till date, the prosecution has not been able to conclude its evidence. 4. Learned counsel for the petitioner further submits that there are total 18 prosecution witnesses cited in the list of witnesses, out of which, only 01 PW has been examined till date and the trial is likely to take long time in conclusion. 5. Per contra, learned State counsel has filed custody certificate today in the Court which is taken on record and he opposes the prayer made by learned counsel for the petitioner on the ground that MOHD YAKUB 2025.04.03 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-6279-2024 3 huge quantity of contraband i.e. 150 Kgs of Poppy Husk was recovered from the conscious possession of the petitioner, which falls within the ambit of commercial quantity and as such, the petitioner is not entitled for any relief, however, he could not controvert the fact that the petitioner is not involved in any other case. 6. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bars from the last 01 year 11 months and 19 days. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. Charges were framed and trial of the case has not made much progress. Out of 18 prosecution witnesses, only 01 PW has been examined so far. 7. A two Judge bench of the Hon’ble Supreme Court in Nandlal Mondal @ Abhay Mondal’s cas e(supra), released the accused on bail after completion of 18 months of custody on account of protracted trial in NDPS case involving commercial quantity of contraband. Reliance in this regard can also be placed upon the judgments rendered by the Hon’ble Supreme Court passed in Md. Aliul Islam @ Aliul Islam @ Alius Vs. The State of West Bengal SLP (Crl.) No. 000736/2024, Debrata Mondal Vs. State of West Bengal SLP(Crl.) No. 14970-2023, Santarul Islam @ Santa Vs. The State of West Bengal SLP(Crl.) No. 13169/2023, Indrajit Mondal @ Piglu Vs. The State of West Bengal SLP(Crl.) No. 8512/2023, Narjul Islam @ Najbul Hoque Vs. The State of West Bengal SLP(Crl.) No. MOHD YAKUB 2025.04.03 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-6279-2024 4 14172/2023, Subhashri Das @ Rana @ Subhoshree Vs. The State of West Bengal SLP(Crl.) No.15284/2023, Mithun Sk. & Anr. Vs. The State of West Bengal SLP (Crl.) No.016598/2023, SK. Nasiruddin @ Nasirddin SK. Vs. State of West Bengal SLP (Crl.) No.003402/2024, Indadul Shah Vs. The State of West Bengal SLP(Crl.) No. 12670/2023 , Hanef Kharsani @ Hanef Sheikh Vs. Union of India, Ripon Seikh & Ors. Vs. State of West Bengal SLP(Crl.) No. 16663/2023, Moidul Sarkar Vs. The State of West Bengal SLP(Crl).No. 15668/ 2023, Saniya Bibi @ Soniya Bibi Vs. The State of West Bengal SLP(Crl.) No. 2354/2024, Saddam Hossain Vs. State of West Bengal SLP(Crl.) No. 15496/2023, Bijon SK @ Golam Murselim Vs. The State of West Bengal SLP (Crl.) No. 6046/2024 and Subhas Vs. The State of West Bengal SLP(Crl.) No. 8823/2019. 8. Further, the culpability, if any, would be determined at the time of trial and as such, no useful purpose will be served by further detention of the petitioner-accused. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India. A two Judge bench of the Hon’ble Supreme Court in Mohd. Muslim @ Hussain vs. State (NCT of Delhi) 2023 AIR SC 1648, has held that the concept of fairness enshrined under Article 21 of the Constitution of India would trump the bar on granting bail in cases involving commercial quantity of contraband, as stipulated by Section MOHD YAKUB 2025.04.03 16:50 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-6279-2024 5 37 of the NDPS Act. Speaking through Justice S. Ravindra Bhat, has opined as follows: