CRM-M-17522-20 2025 (O&M) 227 IN THE THE HIGH COURT OF PUNJAB NJAB AND HARYANA v. CRM-M-17522-2025
Case Details
CRM-M-17522-20 2025 (O&M) 227 IN THE THE HIGH COURT OF PUNJAB NJAB AND HARYANA AT GARH CHANDIGARH Charanjit Sing it Singh Punjab State of Punjab versus CRM-M-17522-2025 (O&M) M) 2025 Date of decision: July 21, 2025 D ioner ….Petitioner dent ….Respondent CORAM: HON’BLE MR. JUSTICE SUM SUMEET GOEL Present:- Mr. Mohd. Salim, Advocate for th e for the petitioner. Mr. Gaurav Gurcharan S. Rai, Sen ai, Senior DAG Punjab. SUMEET GO T GOEL, J. (ORAL) ***** 1. Present Second petition has been f the s been filed under Section 483 of the BNSS, 2023 2023 for grant of regular bail to the p
Legal Reasoning
FIR o the petitioner in case bearing FIR No.62 dated dated 19.06.2007, registered for the nder for the offences punishable under Sections 15, 6 15, 61, 85 of the Narcotic Drugs and Act, gs and Psychotropic Substances Act, 1955 (hereinaf ereinafter referred to as ‘NDPS Act, adar Act, 1985’, at Police Station Sadar Malerkotla (no tla (now P.S. Sandaur), District Maler Malerkotla. 2. The case set up in the FIR in que esent in question (as set out in the present petition by the by the petitioner) is as follows:- "I alongwith HC Matwinder Singh 12 PO h 1236, HC Balwinder singh 518, SPO Darbara singh: 529, PHG Roop Sing 59 Singh 4158, PHG Balbir Singh, 26659 were gong for patrolling and investiga - stigation in a private vehicle no.HR-32- A 1928 driven by me from village Khe A en, Kherri to village Abdulpura and when, the police party reached near Dava ide ava Mandi then from the opposite side 6 1 of 6 MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-17522-20 2025 (O&M) Tata Sumo jeep colour white No.HR-23 t 7 23-A-7289, the time would be about 7 AM on suspicion I stopped my car an A car ar and after getting down from the car signaled them to stop. Three men and got and one female sitting in the jeep got perplexed. Driver who was aged about p ing bout 24 years height 5'4", person sitting next to the driver was aged about 28 ed t 28 years height 6' were apprehended with the help of companions, but he p as he persons sitting on the back seat was aged about 50 years, height 5'7" weari on earing shirt and pyjama and a parna on the head. The lady was aged about 5 the ut 50 years height 4'8", elited from the Tata sumo jeep and ran away. They we gh y were followed. Suddenly Kirpal Singh S/O Gurmel singh came who was inclu son included in the police party. One preson and the lady were successful in runnin gh nning away. Then HC Matwinder Singh and Kirpal singh asked the name fro of from the persons apprehended out of which the driver told his of name as ch ste as charanjit Singh S/o Budh Singh caste Sensi, R/o H.No. 1062 Dugri Urban son ban Estate-1, Ludhiana and the person sitting next to him told his name as ste as Bara singh S/O Inder Singh caste Sansi r/o Village Phillewal Passi N the si Nagar, Ludhiana. The name of the person who ran away was told as R p the s Ram singh s/o Puran Singh and the name of the lady as Mukhtiar Kaur R/o aur w/o Ram Singh, caste Sansi, R/o Phullewal Passi Nagar, Ludhiana. The ed . Then I asked the persons apprehended some intoxicants in your tata sumo je be o jeep due to which tata sumo is to be searched you have a legal right that y by at you can get the search conducted by calling any magistrate or a gazetted o ave ted officer. Then both the persons gave statement that there is no need to call cer call any magistrate or a gazetted officer for conducting their search or of the t fo the the tata sumo jeep you can conduct the search of the tata sumo jeep of us. O ere s. On which their consent memos were prepared separately and were read ov p the d over to them who after admitting the contents to be true signed the consent m the ent memos. Then I in the presence of the witnesses unloaded 2 bags from the ba - e back side of the tata sumo jeep no.HR- 23-A7289. Poppy husk was found fro les from the said bags. Separate samples were prepared from both the bags af py s after taking 250/250 grams of poppy husk from both the bags. They were nu On re numbered as No.1, 1A and 2, 2A. On weighing rest of the bags the weight ca 0 ht came out to be 29 Kgs 500/29 Kg 500 grams alongwith the bags. The parcel nd rcel of the bags was also prepared and were numbered as 1 and 2. The parce cel arcels of 250/250 grams and the parcel of bags 29/29 Kg were sealed with my as my seal mark BS. The sample seal was 6 2 of 6 MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-17522-20 2025 (O&M) prepared and the seal after use wer p gh. were handed over to Hardial Singh. Photocopy of RC No.HR-23-A-7289 w of 89 was found which is in the name of Mahinder singh C/o Shimla Oil Com na. Company, Hargobind Nagar, Ludiana. Both the bags alongwith seal mark BS eep BS and the sample seal Tata Sumo jeep HR-23A7289 and photocopy of the R ide he RC were taken into possession vide separate recovery memo which was si nal as signed by the witnesses. On personal search of charanjit Singh a D/L no ere no.096576 and Rs. 100/- cash were recovered from the front pocket of Rs ont f Rs.50/- were recovered from the front pocket of Bara Singh. Which were ta p ate re taken into possession vide separate recovery memos which were signed by gh, d by both Charanjit Singh, Bara Singh, Ram Singh and Korri alias Mukhtiar K U/s iar Kaur have committed an offence U/s 15/61/85 of the NDPS Act by keeping py ping illegal custody of 60 Kgs of poppy husk. As such ruqa is being sent for the for registration of the case against the aforesaid persons, through PHG Roo be Roop Singh. Case no. may kindly be intimated after registering the same. I usy e. I alongwith the police party am busy in investigation at the spot. Special - ial reports may kindly be issued. Sd/- Bhupinder singh, ASI.” 3.
Legal Reasoning
Learned counsel for the petitioner ioner itioner has iterated that the petitioner is in custody stody since 19.06.2007 and was gran gular s granted the concession of regular bail on 20.12.2 20.12.2007. Learned counsel has furth nt of further iterated that, on account of circumstances tances beyond the control of the pet as a he petitioner, he was declared as a proclaimed of ed offender and came to be re-arre rned arrested on 02.09.2024. Learned counsel has su has submitted that the petitioner has su on of has suffered further incarceration of about 10 mon 0 months after his being re-arrested. rther rested. Learned counsel has further submitted that d that the prosecution case suffers s the uffers from inherent defects as the mandatory pro ry provisions of the NDPS Act, 1985 n the , 1985 were not adhered to. On the strength of th of these submission, learned counse nt of counsel has prayed for the grant of regular bail. MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment 6 3 of 6 CRM-M-17522-20 2025 (O&M) 4. Learned State counsel has opp by s opposed the present petition by arguing that th that the allegations raised against the ature st the petitioner are serious in nature and, thus, he he does not deserve the concession rned ession of the regular bail. Learned State counsel unsel seeks to place on record custod 2025 custody certificate dated 20.07.2025 in Court, whic , which is taken on record. 5. I have heard counsel for the rival ough rival parties and have gone through the available re lable records of the case. 6. It is not in dispute that the petition ssion etitioner was granted the concession of regular b lar bail on 20.12.2007. Indubitab ined ubitably, the petitioner remained proclaimed of ed offender for a long time and w . and was re-arrested on 02.09.2024. However, the r, the fact remains that the petitioner n for tioner has suffered incarceration for more than 10 an 10 months after him being re-arr in arrested, and the contraband in question is 60 is 60 kg of poppy-husk. The rival con rise al contentions raised at Bar give rise to debatable i table issues which shall be ratiocinat se of ocinated upon during the course of trial. This Cou is Court does not deem it appropriate rival priate to delve deep into these rival contentions, at ons, at this stage, lest it may prejudice e has judice the trial. Nothing tangible has been brought ught forward to indicate the likelihoo ding elihood of the petitioner absconding from the proce process of justice or interfering with As g with the prosecution evidence. As per custody ce ody certificate dated 20.07.2025 filed nsel, filed by the learned State counsel, the petitioner h ioner has already suffered incarceratio 10 ceration for a period of more than 10 months and 1 and 18 days after him being re-arr o be arrested & is not shown to be involved in an in any other case. MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment 6 4 of 6 CRM-M-17522-20 2025 (O&M) Suffice to say, further detenti an detention of the petitioner as an undertrial is no al is not warranted in the facts and circ nd circumstances of the case. 7. In view of above, the present pe er is ent petition is allowed. Petitioner is ordered to be to be released on regular bail on his f ds to n his furnishing bail/surety bonds to the satisfactio sfaction of the Ld. concerned CJM/D r, in CJM/Duty Magistrate. However, in addition to co to conditions that may be imposed Duty posed by the concerned CJM/Duty Magistrate, the ate, the petitioner shall remain bound b ound by the following conditions:- (i) The petitioner shall not mis ot mis-use the liberty granted. (ii) The petitioner shall not tam ot tamper with any evidence, oral or documentary, during the ng the trial. (iii) The petitioner shall not abs efore ot absent himself on any date before the trial. (iv) The petitioner shall not com ot commit any offence while on bail. (v) The petitioner shall deposi the deposit his passport, if any, with the trial Court. (vi) The petitioner shall give the give his cellphone number to the Investigating Officer/SHO ation r/SHO of concerned Police Station and shall not change his ce prior his cell-phone number without prior permission of the trial Cour l Court/Illaqa Magistrate. (vii) The petitioner shall not in the not in any manner try to delay the trial. 8. In case of breach of any of the a those f the aforesaid conditions and those which may b ay be imposed by concerned CJM ected CJM/Duty Magistrate as directed hereinabove ove or upon showing any o ny other sufficient cause, the the 6 5 of 6 MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment CRM-M-17522-20 2025 (O&M) State/complain mplainant shall be at liberty to mov f the o move cancellation of bail of the petitioner. 9. 10. Ordered accordingly. Nothing said hereinabove shall be on of hall be construed as an expression of opinion on the on the merits of the case. 11. Since the main case has been de eous een decided, pending miscellaneous application, if ion, if any, shall also stands disposed o osed off. (SUMEET GOEL) JUDGE 2025 July 21, 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment 6 6 of 6