KARAMJIT SINGH ALIAS KARAMDEEP SINGH ALIAS BAGGI v. STATE OF PUNJAB
Case Details
CRM-M-22006-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22006-2025 Reserved on: 03.09.2025 Pronounced on: 24.09.2025 KARAMJIT SINGH ALIAS KARAMDEEP SINGH ALIAS BAGGI ...PETITIONER VERSUS STATE OF PUNJAB …RESPONDENT CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Charan Jit Sharma, Advocate (through video conferencing) for the petitioner. Ms. Pooja Nayar Sharma, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 175 21.09.2024
Legal Reasoning
[5]. Having considered the above and the fact that the trial is unlikely to conclude on a near date, we are of the view that the petitioner – Junaid Alam deserves to be granted bail. It is ordered accordingly. Appropriate bail conditions be imposed by the trial court. 16. Following the judicial precedent mentioned above, without commenting on the case's merits, and considering the petitioner’s pre-trial custody, the weight of the drugs, coupled with the other factors peculiar to this case, further pre-trial incarceration is not justified at this stage. CONDITIONS: 17. Given the 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 1 Supreme Court of India, in Rabi Prakash v. The State of Odisha, SLP (Crl) 4169-2023, Para 4, decided on 13 July 2023 Renu Bala 2025.09.24 16:31 I attest to the accuracy and integrity of this document 4 CRM-M-22006-2025 nearest Ilaqa Magistrate or duty Magistrate, with or without sureties, with a maximum bond amount not to exceed INR 25,000. 18. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, the surety is capable of producing the accused. However, instead of surety, the petitioner may provide a fixed deposit of INR 25,000/-, with a clause that the interest shall not be accumulated in FD, either drawn from a State-owned bank or any bank listed on the National Stock Exchange and/or Bombay Stock Exchange, in favour of the “Chief Judicial Magistrate” of the concerned Sessions Division; or a fixed deposit made in the name of the petitioner, with similar terms and with endorsement from the banker stating that the FD shall not be encumbered or redeemed without the permission of the concerned trial Court, or until the surety bond has been discharged. 19. 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) 20. This order is subject to the petitioner’s complying with the following terms. 21. 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. 22. Given the background of allegations against the petitioner, it becomes paramount to protect the members of society, detention 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 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 society; it would also Renu Bala 2025.09.24 16:31 I attest to the accuracy and integrity of this document 5 CRM-M-22006-2025 restrain the accused from influencing the witnesses and repeating the offense. 23. 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 the Hon’ble Supreme Court held 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.” 24. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, the 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.” 25. 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. 26. 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 Special Judge/ Sessions 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. 27. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 28. In Amit Rana v. State of Haryana, CRM-18469-2025 [in CRA-D-123-2020, decided on 05.08.2025], a Division Bench of Punjab and Haryana High Court in paragraph 13, holds that “To ensure that every person in judicial custody who has been granted bail or whose sentence has been suspended gets back their liberty without any delay, it is appropriate that whenever the bail order or the orders of suspension of sentence are not immediately sent by the Registry, computer systems, or Public Prosecutor, then in such a situation, to facilitate the immediate restoration of the liberty Renu Bala 2025.09.24 16:31 I attest to the accuracy and integrity of this document 6 CRM-M-22006-2025 granted by any Court, the downloaded copies of all such orders, subject to verification, must be accepted by the Court before whom the bail bonds are furnished.” 29. Petition allowed in terms mentioned above. All pending applications, if any, are
Arguments
Sadar Sri Muktsar 22(c)/61/85 of NDPS Sahib, District Sri Act, 1985 Muktsar Sahib 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 12 of the bail application and para 9 of the reply, the petitioner has no criminal antecedents: 3. The facts and allegations are taken from the reply filed by the State. On 21-09- 2024, based on a chance recovery, the Police seized 1000 tablets containing tramadol, which weighed 277 grams, from the petitioner’s possession. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973. 4. 5. The petitioner's counsel seeks bail on the grounds of prolonged pretrial custody. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family. Renu Bala 2025.09.24 16:31 I attest to the accuracy and integrity of this document 1 CRM-M-22006-2025 6. The petitioner’s counsel 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. 7. 8. The State’s counsel opposes bail and refers to the reply. It shall be relevant to refer to the following portions of the reply, which reads as under: “5. Role of the Petitioner: That the petitioner was apprehended by Police on 21.09.2024. The petitioner was holding a polythene which was thrown by him on arrival of Police. The polythene was searched in a prescribed manner which led to the recovery of total 1000 tablets of Tramadol Hydrochloride. The recovery of contraband from the conscious possession of the petitioner is heavy and comes within a ambit of commercial quantity. The petitioner is a sole accused who was keeping this vast quantity of contrabands which were meant for further sale. 6. Evidence Against Petitioner; That during further investigation, the sample parcel containing three strips of each kind, was deposited at FSL Bathinda for chemical examination vide Road No.309 dated 25.09.2024. The result of analysis received vide Report No.1817/2024 dated 11-11-2024 and detected Tramadol Hydrochloride chemical in each kind of strip marked A, B and C.” REASONING: 9. As per paragraph 8 of the reply, the name of the contraband is 1000 tablets containing tramadol, and its weight is 277 grams. 10. Dealing in 277 grams of tramadol in contravention of the NDPS Act, 1985, constitutes an offense under the following provisions and notifications: Substance Name Quantity detained Punishable U/s Renu Bala 2025.09.24 16:31 I attest to the accuracy and integrity of this document Tramadol 277 Gram S.22(c) of NDPS Act, 1985 2 CRM-M-22006-2025 Quantity type Drug Quantity in % to upper limit of Intermediate Commercial 110.80% Drug's Small & Commercial Qty. suggested by Committee report Notification No. & date S.O. 1762 (E) dated 26.04.2018 Specified as small & Commercial in S.2(viia) & 2(xxiiia) NDPS Act, 1985 Notification No. & dated S.O.1762(E) 4/26/2018 Sr. No. Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) Other non-proprietary name Chemical Name Small Quantity Commercial Quantity 238 ZH Tramadol ****** ****** < 5 Gram > 250 Gram Declared as punishable under NDPS Act and as per schedule defined in S.2(xi) & 2(xxiii) NDPS Act, 1985 0 Notification No. & dated Sr. No. Common Name (Name of Narcotic Drug and Psychotropic Substance (International non-proprietary name (INN) Other non-proprietary name Chemical Name S.O.1761(E) & S.O. 3448(E) 26-Apr-2018 & 26-Jul- 2018 110Y Tramadol ****** ****** 11. 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 set forth by the Legislature under Section 37 of the NDPS Act. 12. Per the custody certificate dated 01.09.2025, the petitioner's custody in this FIR is 11 months and 9 days. Renu Bala 2025.09.24 16:31 I attest to the accuracy and integrity of this document 3 CRM-M-22006-2025 13. The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1) (b)(ii) of the NDPS Act1. 14. The petitioner is entitled to bail because, in somewhat similar cases where the quantity involved was either greater than or close to the amount seized in the current FIR, the Hon’ble Supreme Court has granted bail after prolonged custody, as demonstrated by the following judicial precedent. 15. In Junaid Alam v. State of Uttarakhand, decided on 12 Aug 2024, SLP(Crl.) 7708-2024, Hon’ble Supreme Court holds, [2]. It is pointed out that the petitioner has been in custody for last more than 18 months since he was arrested on 25.01.2023. It is then submitted that only 3 out of the 10 cited prosecution witnesses have been examined and they have not said anything to connect the petitioner with the crime. [3]. The learned counsel for the State would submit that the concerned Contraband are medicinal drugs but they are sold for profit. Moreover, it is of commercial quantity. [4]. We have perused the nature of the Contraband i.e., the prohibited medicines (SYP Codectus 100 Bottles (100 Ml each), Cap Pyeevon Spas Plus 720 Cap Parvion Spas 800 Capsules, Spasonof NF 960 capsules, Capsules Spasmoproxyvon Plus 144, Proxywell Spas 2568 Capsules, Alprasafe Table 600 Tablets, Pyeevon Spas Plus 32 Capsules).
Decision
disposed of. 24.09.2025 renubala Whether speaking/reasoned: Yes No. Whether reportable: (ANOOP CHITKARA) JUDGE Renu Bala 2025.09.24 16:31 I attest to the accuracy and integrity of this document 7