Harjinder Kaur v. State of Punjab
Case Details
CRM-M-21729-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1 CRM-M-21729-2025 Reserved on: 10.07.2025 Pronounced on: 30.07.2025 Harjinder Kaur ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Shreya Bublani, Advocate for the petitioner. Mr. Jasdev Singh Thind, DAG, Punjab. ANOOP CHITKARA, J. ****
Facts
FIR No. Dated Police Station Sections 0298 22.11.2022 Special Task Force, 21 of NDPS Act (Section 27, District SAS Nagar 29 of NDPS Act added later on) 1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. Per paragraph 14 of the bail petition as well as custody certificate dated 09.07.2025, the petitioner has the following criminal antecedents: Sr. No. FIR No. 1 2 245 27 Date Offenses 08.07.2017 15/61/85 of NDPS Act 17.02.2022 21-A/61/85 of NDPS Act Police Station Phillaur Phillaur 3. The facts and allegations are taken from the reply filed by the State. On 22.11.2022, based on secret information, the Police seized 16 grams of heroin from the possession of co-accused Harjinder Kumar. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973. During the custodial interrogation of the accused-Harjinder Kumar, he disclosed the petitioner as the supplier of the drugs; based on the disclosure statement, the police arraigned the petitioner as an accused by incorporating S. 29 of the NDPS Act. During the investigation, police arrested petitioner and on her search in the presence of DySP, police recovered 830 grams of heroin from her purse, which contains Diacetylmorphine. 4. ANJU RANI 2025.08.01 11:19 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 1 The petitioner's counsel prays for bail by imposing any stringent conditions and 2 CRM-M-21729-2025 contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Counsel further submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, or commits any offence under the NDPS Act, where the quantity involved is more than half of the intermediate, or commercial quantity, or violates S. 19, or 24, or 27-A of the NDPS Act, the State may file an application to revoke this bail before the concerned Special Judge or Sessions Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection. 5. The State’s counsel opposes bail and refers to the reply. REASONING: 6. The quantity allegedly involved in this case is commercial. Given this, the rigors of S. 37 of the NDPS Act apply in the present case. The petitioner must satisfy the twin conditions put in place by the Legislature under Section 37 of the NDPS Act. 7. In Abida v. State of Haryana, 2022:PHHC:058722, [Para 10], CRM-M-5077- 2022, decided on 13-05-2022, this court observed as follows: [10]. Thus, both the twin conditions need to be satisfied before a person accused of possessing a commercial quantity of drugs or psychotropic substance is to be released on bail. The first condition is to provide an opportunity to the Public Prosecutor, enabling to take a stand on the bail application. The second stipulation is that the Court must be satisfied that reasonable grounds exist for believing that the accused is not guilty of such offence, and is not likely to commit any offence while on bail. If either of these two conditions is not met, the ban on granting bail operates. The expression “reasonable grounds” means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. Even on fulfilling one of the conditions, the reasonable grounds for believing that the accused is not guilty of such an offence, the Court still cannot give a finding on assurance that the accused is not likely to commit any such crime again. Thus, the grant of bail or denial of bail for possessing commercial quantity would vary from case to case, depending upon its facts. [31]. Satisfying the fetters of S. 37 of the NDPS Act is candling the infertile eggs. The stringent conditions of section 37 placed in the statute by the legislature do not create a bar for bail for specified categories, including the commercial quantity; however, it creates hurdles by placing a reverse burden on the accused, and once crossed, the rigors no more subsist, and the factors for bail become similar to the bail petitions under general penal statutes like IPC. 8. It would be appropriate to refer to the evidence collected against the petition, which is taken from the reply, which reads as follows: ANJU RANI 2025.08.01 11:19 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh “The evidence based on which the petitioner was arraigned as an 2 CRM-M-21729-2025 3 accused. The petitioner was arraigned as accused on the basis of disclosure statement of Harwinder Kumar who stated that the recovered Heroin had been bought by him from the petitioner and co-accused Rohit Kumar. That the samples of the recovered Heroin were then sent to Regional Testing Forensic Science Laboratory, Ludhiana through Road No. 201 dated number and 2128/2022/Toxi/RTFSL/LDH/Pb dated 02.01.2023 was received. That the report concluded that "The content of parcel 1 and 2 under reference has been analyzed by chemical, TLC and instrumental analysis. On the basis of analysis, diacetylmorphine (heroin) has been found present in the content of the parcel 1 and 2." A copy of said FSL report dated 02.01.2023 is being annexed herewith as Annexure R-1.” 30.11.2022 bearing report 9. In Sabat Mehtab Khan v. The State of Maharashtra, decided on 03 Sep 2024, SLP (Crl) 8557-2024, Hon’ble Supreme Court holds, The petitioner is an accused for the offences punishable under Sections 21(c) and 29 of the of the Narcotic Drugs and Psychotropic Substances Act and allegation is that 275 gms. and 50.01 gms of heroine has been recovered from him. His regular bail application was dismissed by the High Court. He has already undergone about 1 year six months in jail. Heard learned senior counsel/counsel for the parties.
Legal Reasoning
Considering the quantity of the contraband articles and the period of his incarceration, we are of the opinion that a case of bail is made out for the petitioner. 10. In Ramlal v. The State of Rajasthan, decided on 17 Sep 2024, SLP (Crl) 9510- 2024, wherein Hon’ble Supreme Court granted bail to a first offender after one year and six months of custody who possessed 450 grams of smack (Heroin), and the holds as follows: The petitioner and the other accused persons are accused for the offences punishable under Sections 8/21 & 8/29 of the Narcotic Drugs and Psychotropic Substances Act and allegation is that 450 gram of smack has been recovered from them. The bail application of the petitioner was dismissed by the High Court. Hence, he approached this Court. He has already undergone about 1 year and 6 months in jail. Heard learned counsel for the petitioner. As per office report dated 13.09.2024, the service is deemed complete on the sole respondent-State but no one has appeared for the State. Considering the period of incarceration of the petitioner and the fact that the petitioner has no criminal antecedents, we are of the opinion that a case of bail is made out for the petitioner. 11. For now, the petitioner has prima facie satisfied the first condition of section 37 of the NDPS Act to make a case for bail. Regarding the second rider of S. 37, this court will put very stringent conditions in this order to ensure that the petitioner does not repeat the offense. 12. As per paragraph 6 of the bail petition, the petitioner has been in custody since ANJU RANI 2025.08.01 11:19 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 3 4 CRM-M-21729-2025 23.11.2022. Per the custody certificate dated 09.07.2025, the petitioner’s total custody in this FIR is 02 years, 07 months & 14 days. 13. Given the penal provisions invoked, the legal admissibility of evidence collected against the petition, coupled with the prima facie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage. 14. Without commenting on the case's merits, in the facts and circumstances unique and peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. CONDITIONS: 15. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 16. While furnishing a personal bond, the petitioner shall mention the following personal identification details: 1. AADHAR number 2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) 4. E-Mail id (If available) 17. 18. This order is subject to the petitioner’s complying with the following terms. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 19. Given the background of allegations against the petitioner, it becomes paramount to protect the members of society, detection squad and incapacitating the accused would be one of the primary options until the filing of the closure report or discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of firearms. [This restriction is being imposed based on the preponderance of the evidence of probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it is not to be construed as an intermediate sanction]. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all ANJU RANI 2025.08.01 11:19 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 4 5 CRM-M-21729-2025 weapons, firearms, and ammunition, if any, along with the arms license to the concerned authority within fifteen days of release from prison and inform the Investigator of the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and reclaim them in case of acquittal in this case, provided otherwise permissible under the concerned rules. Restricting firearms would instill confidence in the victim(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeating the offense. 20. The conditions mentioned above imposed by this court are to endeavor to reform and ensure the accused does not repeat the offense and also to block the menace of drug abuse. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petition (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail conditions imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportional to the purpose of imposing them. The courts, while imposing bail conditions must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditions that would result in the deprivation of rights and liberties must be eschewed.” 21. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, Hon’ble Supreme Court holds in Para 7, “It goes without saying that if the petitioner is found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the petitioner is bound to face the necessary consequences.” 22. The significant consideration for granting bail is that the Court aims to give the petitioner another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioner also abides by the assurance made on the petitioner’s behalf by not repeating the offence or indulging in any crime, it shall be desirable to impose the following additional condition. 23. This bail is conditional, with the foundational condition being that if the petitioner repeats the offense where the quantity involved is more than half of the intermediate, or commercial, or violates S. 19, 24, or 27-A of the NDPS Act, or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State shall file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and as per their discretion, they may cancel this bail. 24. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 25. A certified copy of this order would not be needed for furnishing bonds, and any ANJU RANI 2025.08.01 11:19 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 5 6 CRM-M-21729-2025 Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.
Decision
26. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 30.07.2025 anju rani Whether speaking/reasoned: Yes No. Whether reportable: ANJU RANI 2025.08.01 11:19 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 6