GURJANT SINGH @ RAVI v. STATE OF PUNJAB

Advocate for the petitioner Mr. Akun Sheemar, Advocate for the petitioner Ms. Sakshi Bakshi, AAG, Punjab Ms. Sakshi Bakshi, AAG, Punjab MANISHA BATRA, J. (ORAL) MANISHA BATRA, J. (ORAL) ****

#1. petition has been filed by the petitioner under Section The instant petition has been filed by the petitioner under Section petition has been filed by the petitioner under Section The instant for grant 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) 47 dated 17.04.2024 registered of regular bail in case arising out of FIR No.47 dated 17.04.2024 registered 47 dated 17.04.2024 registered of regular bail in case arising out of FIR No. nd Psychotropic Substances Act under Sections 21 and 27A of Narcotic Drugs and Psychotropic Substances Act nd Psychotropic Substances Act under Sections 21 and 27A of (for short “NDPS Act”) (Section 29 of NDPS Act and Section 201 of IPC added (for short “NDPS Act”) (Section 29 of NDPS Act and Section 201 of IPC added (for short “NDPS Act”) (Section 29 of NDPS Act and Section 201 of IPC added (for short “NDPS Act”) (Section 29 of NDPS Act and Section 201 of IPC added later on) at Police Station Sujanpur, District Pathankot. later on) at Police Station Sujanpur, District Pathankot. later on) at Police Station Sujanpur, District Pathankot.

#2. As per the allegations, on 17.04.2024, while performing patrolling As per the allegations, on 17.04.2024, while performing patrolling As per the allegations, on 17.04.2024, while performing patrolling As per the allegations, on 17.04.2024, while performing patrolling duty, the police officials stopped an Innova car. One duty, the police off of the occupants of the icials stopped an Innova car. One of the occupants of the out of the vehicle. Both the occupants were vehicle threw a plastic envelope out of the vehicle. Both the occupants were out of the vehicle. Both the occupants were vehicle threw a plastic envelop apprehended. On conducting search, it was found that the envelope so thrown, apprehended. On conducting search, it was found that the envelope so thrown, apprehended. On conducting search, it was found that the envelope so thrown, apprehended. On conducting search, it was found that the envelope so thrown, 15 grams of heroin was was containing a sum of Rs.5 lakhs. Apart from that, 15 grams of heroin was was containing a sum of Rs.5 lakhs. Apart from that was containing a sum of Rs.5 lakhs. Apart from that recovered from the found kept separately in a polythene envelope which was recovered from the found kept separately in a polythene envelope which was found kept separately in a polythene envelope which was conscious possession of both of them. On asking they disclosed their names as conscious possession of both of them. On asking they disclosed their names as conscious possession of both of them. On asking they disclosed their names as conscious possession of both of them. On asking they disclosed their names as CRM-M-21316- -2026 (O&M) 2 Gurjant Singh @ Ravi i.e. the present petitioner and Simranjit Singh @ Nikka. Gurjant Singh @ Ravi i.e. the present petitioner and Simranjit Singh @ Nikka. Gurjant Singh @ Ravi i.e. the present petitioner and Simranjit Singh @ Nikka. Gurjant Singh @ Ravi i.e. the present petitioner and Simranjit Singh @ Nikka. They were formally arrested. The recovered contraband and money was taken They were formally arrested. The recovered contraband and money was taken They were formally arrested. The recovered contraband and money was taken They were formally arrested. The recovered contraband and money was taken admitting o possession. On interrogation, they suffered disclosure statements admitting o possession. On interrogation, they suffered disclosure statement into possession. On interrogation, they suffered disclosure statement involvement in the crime. On the basis of their disclosure statement accused involvement in the crime. On the basis of their disclosure statement accused involvement in the crime. On the basis of their disclosure statement accused involvement in the crime. On the basis of their disclosure statement accused were nominated as additional accused Harpal Singh @ Bittu and Jaspreet Singh were nominated as additional accused were nominated as additional accused Harpal Singh @ Bittu o be involved in smuggling of heroin alongwith the as they were alleged to be involved in smuggling of heroin alongwith the o be involved in smuggling of heroin alongwith the as they were alleged t accused. The petitioner and Simranjit Singh @ Nikka petitioner and co-accused. The petitioner and Simranjit Singh @ Nikka accused. The petitioner and Simranjit Singh @ Nikka petitioner and co disclosed that they had specifically designed the fuel tank of Innova car bearing disclosed that they had specifically designed the fuel tank of Innova car bearing disclosed that they had specifically designed the fuel tank of Innova car bearing disclosed that they had specifically designed the fuel tank of Innova car bearing registration No.PB-09-V2824 by dividing the same in registration No.PB two parts, so that the V2824 by dividing the same in two parts, so that the smuggled heroin could be concealed by them in the fuel tank. They got smuggled heroin could be concealed by them in the fuel tank. They got smuggled heroin could be concealed by them in the fuel tank. They got smuggled heroin could be concealed by them in the fuel tank. They got KGs of heroin was recovered the said Innova vehicle from which 8.304 KGs of heroin was recovered the said Innova vehicle from which 8.3 recovered the said Innova vehicle from which 8.3 recovered. On the basis of the basis of their disclosure statement , some other persons were their disclosure statements, some other persons were also nominated as accused. now stands completed. ed as accused. Investigation now stands completed.

#3. It is argued by learned counsel for the petitioner that he has been It is argued by learned counsel for the petitioner that he has been It is argued by learned counsel for the petitioner that he has been It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. A false recovery has been planted upon him. He falsely implicated in this case. A false recovery has been planted upon him. He falsely implicated in this case. A false recovery has been planted upon him. He falsely implicated in this case. A false recovery has been planted upon him. He is in custody since long. There are no chances of is in custody since conclusion of trial in the near . There are no chances of conclusion of trial in the near future as only 03 out of 30 prosecution witnesses have been examined so far. future as only 03 out of 30 prosecution witnesses have been examined so far. future as only 03 out of 30 prosecution witnesses have been examined so far. future as only 03 out of 30 prosecution witnesses have been examined so far. He is not involved in any other case of similar nature. His involvement in 02 He is not involved in any other case of similar nature. His involvement in 02 He is not involved in any other case of similar nature. His involvement in 02 He is not involved in any other case of similar nature. His involvement in 02 t of bail to other cases cannot be considered to be a reason for denying benefit of bail to other cases cannot be considered to be a reason for denying benefi other cases cannot be considered to be a reason for denying benefi him. He is ready to abide by the terms and conditions to be imposed upon him. him. He is ready to abide by the terms and conditions to be imposed upon him. him. He is ready to abide by the terms and conditions to be imposed upon him. him. He is ready to abide by the terms and conditions to be imposed upon him. accused have already been extended benefit of bail. On parity, he too The co-accused have already been extended benefit of bail. On parity, he too accused have already been extended benefit of bail. On parity, he too accused have already been extended benefit of bail. On parity, he too It is, therefore, argued that the deserves to be extended the same benefit. It is, therefore, argued that the It is, therefore, argued that the deserves to be extended the same benefit. deserve to be allowed. petition deserve to be allowed. CRM-M-21316- -2026 (O&M) 3

#4. Per contra, learned State counsel has argued that the allegations Per contra, learned State counsel has argued that the allegations Per contra, learned State counsel has argued that the allegations Per contra, learned State counsel has argued that the allegations against the petitioner are quite serious in nature. The rigors of Section 37 of the against the petitioner are quite serious in nature. The rigors of Section 37 of the against the petitioner are quite serious in nature. The rigors of Section 37 of the against the petitioner are quite serious in nature. The rigors of Section 37 of the NDPS Act are attracted in this case. The accused was the principal accused. NDPS Act are attracted in this case. The accused was the principal accused. NDPS Act are attracted in this case. The accused was the principal accused. NDPS Act are attracted in this case. The accused was the principal accused. There are chances of his absconding or committing similar offences, if extended There are chances of his absconding or committing similar offences, if extended There are chances of his absconding or committing similar offences, if extended There are chances of his absconding or committing similar offences, if extended benefit of bail. It is, therefore, argued that the petition does not deserve to be benefit of bail. It is, therefore, argued that the petition does not deserve to be benefit of bail. It is, therefore, argued that the petition does not deserve to be benefit of bail. It is, therefore, argued that the petition does not deserve to be allowed.

#5. This Court has heard the rival submissions made by learned counsel This Court has heard the rival submissions made by learned counsel This Court has heard the rival submissions made by learned counsel This Court has heard the rival submissions made by learned counsel ties at considerable length. for the parties at considerable length.

#6. The petitioner alongwith the co-accused The petitioner involved in accused is alleged to be involved in smuggling of contraband The petitioner is in custody for over a period of 02 contraband. The petitioner is in custody for over a period of 02 The petitioner is in custody for over a period of 02 years and 02 months. The chances of conclusion of trial in near future are years and 02 months. bleak. The chances of conclusion of trial in near future are bleak. It is well settled proposition of law that grant of bail on account of delay in trial It is well settled proposition of law that grant of bail on account of delay in trial It is well settled proposition of law that grant of bail on account of delay in trial It is well settled proposition of law that grant of bail on account of delay in trial and long period of incarceration is to be considered in the light of Section 37 of and long period of incarceration is to be considered in the light of Section 37 of and long period of incarceration is to be considered in the light of Section 37 of and long period of incarceration is to be considered in the light of Section 37 of the NDPS Act. Reliance in this regard can be placed upon the observations made the NDPS Act. Reliance in this regard can be placed upon the observations made the NDPS Act. Reliance in this regard can be placed upon the observations made the NDPS Act. Reliance in this regard can be placed upon the observations made by Hon’ble Apex Court Mohd. Muslim @ Hussain v. State (NCT of Delhi), ble Apex Court in Mohd. Muslim @ Hussain v. State (NCT of Delhi), Mohd. Muslim @ Hussain v. State (NCT of Delhi), wherein it was held that grant of bail on account of 2023 SCC OnLine SC 352, wherein it was held that grant of bail on account of wherein it was held that grant of bail on account of 2023 SCC OnLine SC 352, undue delay in trial cannot be said to be fettered under Section 37 of the NDPS undue delay in trial cannot be said to be fettered under Section 37 of the NDPS undue delay in trial cannot be said to be fettered under Section 37 of the NDPS undue delay in trial cannot be said to be fettered under Section 37 of the NDPS A of Cr.P.C. which is applicable to Act, given the imperative of Section 436-A of Cr.P.C. which is applicable to A of Cr.P.C. which is applicable to Act, given the imperative of Sect offence under the Act. It was also observed that jails are overcrowded and their offence under the Act. It was also observed that jails are overcrowded and their offence under the Act. It was also observed that jails are overcrowded and their offence under the Act. It was also observed that jails are overcrowded and their living conditions are, more often than not, appalling. The danger of unjustified living conditions are, more often than not, appalling. The danger of unjustified living conditions are, more often than not, appalling. The danger of unjustified living conditions are, more often than not, appalling. The danger of unjustified hardened rather than imprisonment is that inmates are more likely to be hardened rather than imprisonment is that inmates are more likely to be imprisonment is that inmates are more likely to be Manmandal and Another v. State reformed. Reliance can also be placed upon Manmandal and Another v. State Manmandal and Another v. State reformed. Reliance can also be placed upon of West Bengal, Special Leave Petition (Criminal) No.8656 of 2023 decided on of West Bengal, Special Leave Petition (Criminal) No.8656 of 2023 decided on of West Bengal, Special Leave Petition (Criminal) No.8656 of 2023 decided on of West Bengal, Special Leave Petition (Criminal) No.8656 of 2023 decided on CRM-M-21316- -2026 (O&M) 4

14.09.2023 and Rabi Prakash v. State of Odisha, 2023 LiveLaw (SC) 533, 14.09.2023 and Rabi Prakash v. State of Odisha, 2023 LiveLaw (SC) 533, 14.09.2023 and Rabi Prakash v. State of Odisha, 2023 LiveLaw (SC) 533, 14.09.2023 and Rabi Prakash v. State of Odisha, 2023 LiveLaw (SC) 533, Hon’ble Supreme Court had extended benefit of bail to the accused wherein the Hon’ble Supreme Court had extended benefit of bail to the accused Hon’ble Supreme Court had extended benefit of bail to the accused Hon’ble Supreme Court had extended benefit of bail to the accused who had been incarcerated for a long period by observing that prolonged who had been incarcerated for a long period by observing that prolonged who had been incarcerated for a long period by observing that prolonged who had been incarcerated for a long period by observing that prolonged incarceration militated against the most precious fundamental right guaranteed incarceration militated against the most precious fundamental right guaranteed incarceration militated against the most precious fundamental right guaranteed incarceration militated against the most precious fundamental right guaranteed d in such a situation, the constitutional under Article 21 of the Constitution and in such a situation, the constitutional d in such a situation, the constitutional under Article 21 of the Constitution an principles must override the statutory embargo contained under Section 37 of principles must override the statutory embargo contained under Section 37 of principles must override the statutory embargo contained under Section 37 of principles must override the statutory embargo contained under Section 37 of the NDPS Act.

#7. Santosh Pawar Vs. State of Reliance can also be placed upon Santosh Pawar Vs. State of Reliance can also be placed upon Reliance can also be placed upon Chhattishgarh & Anr., Criminal Appeal No.4883/2025, wherein the Hon’ble Chhattishgarh & Anr., Criminal Appeal No.4883/2025, Chhattishgarh & Anr., Criminal Appeal No.4883/2025, that rigors of Section 37 of NDPS Act will not be a bar Supreme Court observed that rigors of Section 37 of NDPS Act will not be a bar that rigors of Section 37 of NDPS Act will not be a bar Supreme Court observed for considering the case of an accused for bail as it comes with a condition that for considering the case of an accused for bail as it comes with a condition that for considering the case of an accused for bail as it comes with a condition that for considering the case of an accused for bail as it comes with a condition that - the prosecution would press for an early completion of trial. In the above the prosecution would press for an early completion of trial. In the above- the prosecution would press for an early completion of trial. In the above ase, the Hon’ble Supreme Court held that appellant who was being mentioned case, the Hon’ble Supreme Court held that appellant who was being ase, the Hon’ble Supreme Court held that appellant who was being ase, the Hon’ble Supreme Court held that appellant who was being prosecuted for being in possession of commercial quantity of narcotic substance, prosecuted for being in possession of commercial quantity of narcotic substance, prosecuted for being in possession of commercial quantity of narcotic substance, prosecuted for being in possession of commercial quantity of narcotic substance, was entitled for bail in view of her incarceration for a period of 19 months. was entitled for bail in view of her incarceration for a period of 19 months. was entitled for bail in view of her incarceration for a period of 19 months.

#8. Antil v. Central Bureau of Similarly in Satender Kumar Antil v. Central Bureau of Antil v. Central Bureau of Similarly in