The High Court
Case Details
CRM-M-19044-2025 :1: 214(A) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19044-2025 Date of decision: 23.07.2025 DAANVIR @ DAANVEER STATE OF PUNJAB Versus ...Petitioner …Respondent CORAM:
Legal Reasoning
the present case prima facie evidence exists showing the involvement of the pe%%oner in the present case and as such, as per sec%on 37 (1) (b) of NDPS Act bail cannot be granted to the pe%%oner. Commercial quan%ty offences are serious offences and drug related crimes have a significant impact on society and youth. The pe%%oner is a flight risk and may abscond if released on bail. Therefore the present pe%%on is liable to be dismissed. REASONING: 8. There is sufficient primafacie evidence connec(cid:18)ng the pe(cid:18)(cid:18)oner with the alleged crime. However, pre-trial incarcera(cid:18)on should not be a replica of post- convic(cid:18)on sentencing. Per the custody cer(cid:18)ficate dated 22.07.2025, the pe(cid:18)(cid:18)oner’s complete total custody in this FIR is 10 months and 02 days (cid:18)ll the date of his release. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:18)ons, and the other factors peculiar to this case, there would be no jus(cid:18)fiability to discon(cid:18)nue the interim bail. 9. Without commen(cid:18)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:18)oned above, the pe(cid:18)(cid:18)oner makes a case for bail. 10. Given above, pe(cid:18)(cid:18)on is allowed and order dated 22.04.2025 is made
Arguments
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Ashu Rana, Advocate for the petitioner(s). Mr. J.S.Thind, DAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta(cid:18)on Sec(cid:18)ons 55 25.06.2024 Chabbewal, 15 of NDPS Act District Hoshiarpur 1. The pe(cid:18)(cid:18)oner incarcerated in the FIR cap(cid:18)oned above had come up before this Court under Sec(cid:18)on 483 of BNSS, seeking regular bail. 2. 3. Per paragraph 26 of the pe(cid:18)(cid:18)on, the pe(cid:18)(cid:18)oner has no criminal history. Pe(cid:18)(cid:18)oner was released on interim bail vide order dated 22.04.2025 which is con(cid:18)nuing the date. 4. The facts and allega(cid:18)ons are being taken from the reply filed by the State, which reads as follows: 2. That it is humbly submi(cid:15)ed that on 25.06.2024 when the police party reached near T-Point Dana Mandi Chabbewal via Bus Stand Chabbewal, in connec%on of special nakabandi and checking of suspected persons then secret informa%on was received that from Mahilpur side one vehicle/Tata 207 bearing No. HR47-C-4017 is coming in which Danvir son of Dhan Pal and Khem Pal son of Shankar, both residents of Majhola, District Sambhal, U(cid:15)ar Pradesh are carrying with them poppy husk and opium etc. to sell the same in the area of Hoshiarpur and if barricading be laid, then the said vehicle can be apprehended Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document CRM-M-19044-2025 :2: alongwith intoxicant substance. Finding informa%on credible, compliance of Sec%on 42 NDPS Act was made and immediately barricading was laid at T-Point and a5er about 10 minutes from Mahilpur side one Tata 207 bearing No. HR47-C-4017 was seen coming which was given signal to stop. On asking, driver disclosed his name Danvir Singh son of Dhan Pal and the other persons si7ng in the vehicle disclosed his name Khem Pal son of Shankar, residents of Majhola, PS Behjoi, District Sambhal, U(cid:15)ar Pradesh. They were made aware about their legal rights and both of them separately stated him that they want their search as well as search of vehicle to be conducted in the presence of a Gaze(cid:15)ed Police Officer. On which Jagir Singh, DSP, NDPS, Hoshiarpur was formed on his mobile number to come present at the spot. Then, Jagir Singh, DSP. NDPS, Hoshiarpur, came present at the spot and disclosed his profile to both of them. They were again made aware about their legal rights on which both of them reposed faith in the DSP. Consent memos were prepared. In the mean%me one person namely Bikram Singh son of Onkar Singh, resident of Village Mukhomazara, PS Chabbewal came there and he was joined as independent witness. On the direc%ons of Shri Jagir Singh, DSP, ASI alongwith fellow police officials conducted the search of the vehicle and four plas%c sacks were recovered and on checking of plas%c sacks,poppy husk was recovered and on weighing the same three sacks containing poppy husk comes to be 15/15 kg. each and fourth sack containing poppy husk comes to be 7 kg i.e. in total the weight of all the four plas%c sacks containing poppy husk comes to be 52 kgs and weight of the each empty plas%c sack was about 200 gms. Accordingly, FIR No.55 dated 25.06.2024 U/s 15, 61, 85 of NDPS Act was registered at P.S. Chabbewal, District Hoshiarpur against the pe%%oner and co-accused Danvir @ Daanveer. 3. That it is submi(cid:15)ed that the FSL report of the present case was received in the present case and result of the same is as under: "The contents of the envelope marked as Mark A", Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document CRM-M-19044-2025 :3: Mark B", Mark C" and Mark D'’ under reference have been analyzed separately by chemical, TLC and Instrumental analysis. On the basis of analysis, broken pods of poppy PUBLICdant have been found present in the contents of the envelope marked as Mark 6606/64 Mark B", Mark C" and Mark D". The true copy of FSL report is annexed as Annexure R-1. 4. That it is submi(cid:15)ed that the inves%ga%on of the present case culminated in presenta%on of the charge sheet before the Ld. Trial Court at Hoshiarpur qua the pe%%oner and co-accused Danvir @ Daanveer on 12.09.2024. The charges were framed against the pe%%oner and co-accused Danvir @ Daanveer on 29.10.2024. The prosecu%on has cited total 14 witnesses and out of them, 2 prosecu%on witnesses have been examined completely. Now the case is pending in the court of Mandeep Mi(cid:15)al Ld. ASJ, Hoshiarpur for 05.07.2025 for Pws. 5. The pe(cid:18)(cid:18)oner's counsel submits that the pe(cid:18)(cid:18)oner, (cid:1) who was arrested for possessing 52 kg of poppy husk which is commercial quan(cid:18)ty released on interim bail by the Co-ordinate Bench of this Court vide order dated 22.04.2025, which is con(cid:18)nuing. A4er the release there is no allega(cid:18)on against pe(cid:18)(cid:18)oner of repea(cid:18)ng the offence. Furthermore pe(cid:18)(cid:18)oner’s counsel submits that the pe(cid:18)(cid:18)oner has no objec(cid:18)on if this Court imposes any stringent condi(cid:18)on including surrender of firearms. In case, he repeats the offence or commit any offence, where sentence is more than 07 years, he would have no objec(cid:18)on, if State file an applica(cid:18)on for cancella(cid:18)on of his bail. 6. Counsel for the State has handed over the custody cer(cid:18)ficate, as per which the custody of the pe(cid:18)(cid:18)oner is more than 10 months. 7. It would be appropriate to refer to the following por(cid:18)ons of the reply, which read as follows: 6. That it is submi(cid:15)ed that the present FIR was registered against the pe%%oner and his co-accused Danvir @ Daanveer on recovery of 52 KG Poppy Husk from them. As per FSL report, the recovery effected from the pe%%oner and co-accused Danvir @ Daanveer contains broken pods of poppy plant. As per Central Government no%fica%on under NDPS Act, 50 KG Poppy Husk is specified as a commercial Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document CRM-M-19044-2025 :4: quan%ty. Therefore, the recovered quan%ty of poppy Husk falls within the defini%on of commercial quan%ty as per NDPS Act. The recovery of commercial quan%ty of Poppy Husk a(cid:15)racts sec%on 37 of NDPS Act. In
Decision
absolute. All pending applica(cid:18)ons, if any, stand disposed of. 23.07.2025 Priyanka Thakur (ANOOP CHITKARA) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No Priyanka Thakur 2025.07.29 15:27 I attest to the accuracy and integrity of this document (cid:1) (cid:1) (cid:1)