28.04.2025 JAVRAJ SINGH NGH @ JUGRAJ SINGH v. CORAM:HON'B ON'BLE
Case Details
2024 CRM-M-27690-2024 1 259 IN THE HIGH COURT OF PUNJAB IN JAB AND HARYANA AT CHANDIGARH CR CRM-M-27690-2024 Re Reserved on: 08.04.2025 Pronounced on: 28.04.2025 JAVRAJ SINGH NGH @ JUGRAJ SINGH ...PETITIONER STATE OF PUNJ PUNJAB …RESPONDENT VERSUS CORAM:HON'B ON'BLE MR. JUSTICE ANOOP CHITK HITKARA Present: Mr. Rishu Rishu Mahajan, Advocate for the petitioner itioner. Mr. Rahul Rahul Jindal, AAG, Punjab. **** ANOOP CHITKA ITKARA, J. FIR No. Dated Da Police Station Sections 82 19.11.2023 19 Verka, District Amritsar 21(C)/29 of NDPS Act 1. The petitio
Legal Reasoning
petitioner incarcerated in the FIR caption this aptioned above had come up before this Court under Sectio r bail. Section 439 of Cr.P.C, seeking regular bail. 2. Per paragr paragraph 12 of the bail application, the s no n, the accused declares that he has no criminal anteceden ecedents: 3. The facts a facts and allegations are taken from the repl 023, he reply filed by the State. On 19.11.2023, based on a chanc chance recovery, the Police seized 1380 adol 1380 intoxicating tablets of Tramadol Hydrochloride fro from the petitioner’s possession and - and 600 toxicant tablets from the co- accused. The Inves e Investigator claims to have complied with f the d with all the statutory requirements of the NDPS Act, 1985, a 1985, and CrPC, 1973. 4. Counsel fo nsel for the petitioner submits that the petit ed in e petitioner has been falsely implicated in the present FIR. H FIR. He is in custody since 19.11.2023 a and 023 and challan was also presented and thereafter petitione titioner had applied for grant of regular bail same lar bail before the trial Court and the same was dismissed on sed on 22.02.2024. He further prayed fo gent yed for bail by imposing any stringent Renu Bala 2025.04.29 11:27 I attest to the accuracy and integrity of this document 2024 CRM-M-27690-2024 2 conditions, on inst n instructions he further submits that the pe elf in t the petitioner shall not indulge himself in the offence involv involving the commercial or intermediate falls ediate quantity or the offence which falls under Section 19/2 n 19/24/27A of NDPS Act. He further sub olves her submits that if the petitioner involves himself in the sa the said offences, he has no objection for ction if the State files application for cancellation of bai bail. He further contends that further pr se an her pre-trial incarceration would cause an irreversible injusti injustice to the petitioner and his family. 5. 6. The State’s State’s counsel opposes bail and refers to th s to the reply. It would be uld be appropriate to refer to the following ad as owing portions of the reply, which read as under:- REASONING: “xxx xxx xxx xxx xxx S. The sample parcels of the above om bove stated contrabands recovered from the present petitioner Javraj Singh @ nd h @ Jugran Singh @ Yuvraj Singh and co-accused Daljit Singh and Jasim nal asimran Singh were sent to Regional Testing Forensic Science Laboratory, on. tory, Amritsar for scientific examination. The report thereof was received. As p de’ As per which ‘Tramadol Hydrochloride’ was found present in ingredients of th ght of the contrabands and average weight of tablets was found 199 mg table 80 tablet. As such total weight of 1380 intoxicant tablets recovered from the @ the present petitioner Javraj Singh @ Jugraj Singh @ Yuvraj Singh become t of omes 274.62 grams and total weight of 600 intoxicant tablets recovered from es from co-accused Daljit Singh becomes 119.4 grams, which is of commercial q ial quantity.” 7. The quanti quantity allegedly involved in this case is c rs of se is commercial. Given this, the rigors of S. 37 of the NDP e NDPS Act apply in the present case. T twin ase. The petitioner must satisfy the twin conditions put in p ut in place by the Legislature under Section ection 37 of the NDPS Act. 8. However, ever, the petitioner is entitled to bail bec had ail because Hon’ble Supreme Court had granted bail on pro on prolonged custody in the following judic g judicial precedents: 1) In Junaid A unaid Alam v. State of Uttarakhand, decided ecided on 12 Aug 2024, SLP(Crl.) 7708- 2024, Hon 4, Hon’ble Supreme Court holds, [2]. [2]. It is pointed out that the petitioner ha 18 18 months since he was arrested on 25 only 3 out of the 10 cited prosecution w only they have not said anything to connect th they ner has been in custody for last more than than on 25.01.2023. It is then submitted that that and ution witnesses have been examined and ect the petitioner with the crime. Renu Bala 2025.04.29 11:27 I attest to the accuracy and integrity of this document 2024 CRM-M-27690-2024 3 [3]. [3]. The learned counsel for the State Contraband are medicinal drugs but they Con of commercial quantity. of c State would submit that the concerned rned , it is ut they are sold for profit. Moreover, it is [4]. [4]. We have perused the nature of th medicines (SYP Codectus 100 Bottles me Plus Plus 720 Cap Parvion Spas 800 Caps Cap Capsules Spasmoproxyvon Plus 144, Alprasafe Table 600 Tablets, Pyeevon Sp Alp of the Contraband i.e., the prohibited bited Spas ottles (100 Ml each), Cap Pyeevon Spas Capsules, Spasonof NF 960 capsules, ules, ules, 144, Proxywell Spas 2568 Capsules, on Spas Plus 32 Capsules). and the fact that the trial is unlikely to ly to [5]. [5]. Having considered the above and t the view that the petitioner – Junaid Alam lam con conclude on a near date, we are of the vie bail deserves to be granted bail. It is orde is ordered accordingly. Appropriate bail dese court. conditions be imposed by the trial court. con 9. The prolo prolonged incarceration, generally mili cious militates against the most precious fundamental right l right guaranteed under Article 21 of the C tion, f the Constitution and in such a situation, the conditional l onal liberty must override the statutory ction tutory embargo created under Section 37(1)(b)(ii) of the of the NDPS Act1. 10. In Tajmu Tajmul SK v. The State of West Bengal, d - ngal, decided on 23 Jul 2024, CrA 3047- 2024, Hon’ble Sup le Supreme Court holds, [5]. [5]. We are inclined to set aside the impu righ right to speedy trial is a fundamental righ has has been under incarceration for more th yet to start, though, it is submitted by lea yet that that charges have been framed. Suffice considerable length of time. There is no a con
Legal Reasoning
e impugned order only on the premise that that tal right. Despite the fact that the appellant llant ore than one and a half years, the trial is ial is State by learned counsel appearing for the State take uffice it is to state that trial would take is no antecedent involving the appellant.
Decision
[6]. Accordingly, the impugned order is s [6]. bail, subject to the conditions that may be bail nted er is set aside and the appellant is granted may be imposed by the Trial Court. 11. Given the a n the above, the petitioner’s pretrial custod icial custody is more than some of the judicial precedents mentio mentioned above; the petitioner is entitle f the entitled to bail under Article 14 of the Constitution of Ind of India. 12. Per the cus he custody certificate dated 07.04.2025 the is of the petitioner's custody in this FIR is of 01 year, 04 month months and 15 days. Given the drugs were m on of were medicines that attracted violation of S. 22 of NDPS Ac PS Act, viz-a-viz pre-trial custody, coupled f the oupled with the primafacie analysis of the nature of allegati llegations and the other factors peculiar e no culiar to this case, there would be no justifiability furthe further pre-trial incarceration at this stage, erms stage, subject to the compliance of terms and conditions me ns mentioned in this order. 1 Supreme Court of Ind July 2023 t of India, in Rabi Prakash v. The State of Odisha, S n 13 isha, SLP (Crl) 4169-2023, Para 4, decided on 13 Renu Bala 2025.04.29 11:27 I attest to the accuracy and integrity of this document 2024 CRM-M-27690-2024 4 13. Without co out commenting on the case's merits, in the iar to in the facts and circumstances peculiar to this case, and for d for the reasons mentioned above, the pe This the petitioner makes a case for bail. This order shall come in ome into force from the time it is uploaded oaded on this Court's official webpage. CONDITIONS: 14. Given abov n above, provided the petitioner is not requ ioner t required in any other case, the petitioner shall be released eased on bail in the FIR captioned above the above subject to furnishing bonds to the satisfaction of the of the concerned Court and due to unav Ilaqa unavailability before any nearest Ilaqa Magistrate/duty M uty Magistrate. Before accepting the sur st be he surety, the concerned Court must be satisfied that if the t if the accused fails to appear, such surety c urety can produce the accused. 15. While furn le furnishing a personal bond, the petiti wing petitioner shall mention the following personal identifica ntification details: 1. AAD AADHAR number Passport number (If available) and w 2. Passp attest attesting officer/court considers it approp considers the accused a flight risk. consi nd when the appropriate or 3. Mobi Mobile number (If available) 4. E-Ma Mail id (If available) 16. 17. This order order is subject to the petitioner’s complyin plying with the following terms. The petitio petitioner shall abide by all statutory bond e the y bond conditions and appear before the concerned Court(s Court(s) on all dates. The petitioner sha ence, er shall not tamper with the evidence, influence, browbe rowbeat, pressurize, induce, threaten, or p any n, or promise, directly or indirectly, any witnesses, Police o olice officials, or any other person acquaint nces quainted with the facts and circumstances of the case or dissu r dissuade them from disclosing such facts t facts to the Police or the Court. 18. Given the b n the background of allegations against the nt to st the petitioner, it becomes paramount to protect the membe members of society, detection squad and in ld be and incapacitating the accused would be one of the primary rimary options until the filing of the closu ittal. closure report or discharge, or acquittal. Consequently, it ly, it would be appropriate to restrict t [This trict the possession of firearms. [This restriction is being being imposed based on the preponderanc and derance of the evidence of probability and not of evidence of nce of certainty, i.e., beyond a reasonable to be nable doubt; and as such, it is not to be Renu Bala 2025.04.29 11:27 I attest to the accuracy and integrity of this document 2024 CRM-M-27690-2024 5 construed as an in s an intermediate sanction]. Given the natu other e nature of the allegations and the other circumstances pec es peculiar to this case, the petitioner shall s , and shall surrender all weapons, firearms, and ammunition, if an , if any, along with the arms license to the fteen to the concerned authority within fifteen days of release fr ease from prison and inform the Investig ever, vestigator of the compliance. However, subject to the Indi e Indian Arms Act, 1959, the petitioner sha laim ner shall be entitled to renew and reclaim them in case of ac e of acquittal in this case, provided otherwi rned therwise permissible under the concerned rules. Restricting icting firearms would instill confidence in and nce in the victim(s), their families, and society; it would a ould also restrain the accused from influenc g the nfluencing the witnesses and repeating the offense. 19. The condit conditions mentioned above imposed by th form d by this court are to endeavor to reform and ensure the acc the accused does not repeat the offense and drug se and also to block the menace of drug abuse. In Mohamm ohammed Zubair v. State of NCT of Del Writ f Delhi, 2022:INSC:735 [Para 28], Writ Petition (Criminal iminal) No 279 of 2022, Para 29, decided udge ecided on July 20, 2022, A Three-Judge bench of Hon’ble on’ble Supreme Court holds that “The bai ourt he bail conditions imposed by the Court must not only ha nly have a nexus to the purpose that the o be at they seek to serve but must also be proportional to the to the purpose of imposing them. The cou tions he courts, while imposing bail conditions must balance the e the liberty of the accused and the neces g so, necessity of a fair trial. While doing so, conditions that wo hat would result in the deprivation of rights rights and liberties must be eschewed.” 20. In Md. Taji d. Tajiur Rahaman v. The State of West Ben SLP est Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, 2024, Hon’ble Supreme Court holds in Pa at if in Para 7, “It goes without saying that if the petitioner is fo r is found involved in such like offence in fu nted ce in future, the concession of bail granted to him today will y will liable to be withdrawn and the petiti ssary petitioner is bound to face the necessary consequences.” 21. This bail i ail is conditional, and the foundational ner ional condition is that if the petitioner indulges in any n ny non-bailable offense, the State shall f ion all file an application for cancellation of this bail before fore the Trial Court, which shall be at lib at liberty to cancel this bail. 22. Any observ ervation made hereinabove is neither an ase's ther an expression of opinion on the case's merits nor shall the hall the trial Court advert to these comments ments. Renu Bala 2025.04.29 11:27 I attest to the accuracy and integrity of this document 2024 CRM-M-27690-2024 6 23. A certified rtified copy of this order would not be nee any be needed for furnishing bonds, and any Advocate for the P r the Petitioner can download this order alo ficial er along with case status from the official web page of this C this Court and attest it to be a true copy. If erify opy. If the attesting officer wants to verify its authenticity, su ity, such an officer can also verify its authe use s authenticity and may download and use the downloaded co ded copy for attesting bonds. 24. Petition al ion allowed in terms mentioned above. Al stand ve. All pending applications, if any, stand disposed of. 28.04.2025 renubala Whether speaking/ aking/reasoned: Yes Whether reportabl ortable: No. (ANOOP CHITKARA) JUDGE Renu Bala 2025.04.29 11:27 I attest to the accuracy and integrity of this document