15.05.2025 Varun Pathak .....Pe//oner v. State of Punjab
Case Details
S. No. 243 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-25569 of 2025 Date of Decision:15.05.2025 Varun Pathak .....Pe//oner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present:- Mr. K.S. Sidhu, Advocate for the pe(cid:26)(cid:26)oner.
Legal Reasoning
reasonably sa(cid:15)sfied on a prima facie look at the material on record (whenever the bail applica(cid:15)on is made) that the accused is not guilty. Any other interpreta(cid:15)on, would result in complete denial of the bail to a person accused of offences such as those enacted under Sec(cid:15)on 37 of the NDPS Act. 20 xxxxx 21 .....it would be important to reflect that laws which impose stringent condi(cid:15)ons for grant of bail, may be necessary in public interest; yet, if trials are not concluded in (cid:15)me, the injus(cid:15)ce wrecked on the individual is immeasurable. 22 xxxxx 23. There is a further danger of the prisoner turning to crime, “as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal”22 (also see Donald Clemmer’s ‘The Prison Community’ published in 194023). Incarcera(cid:15)on has further deleterious effects - where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, sca8ering of families as well as loss of family bonds and aliena(cid:15)on from society. The courts therefore, have to be sensi(cid:15)ve to these aspects (because in the event of an acqui8al, the loss to the accused is irreparable), and ensure that trials – especially in RENU 2025.05.15 18:30 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25569 of 2025 -5- cases, where special laws enact stringent provisions, are taken up and concluded speedily.' 7. The veracity of the allega(cid:26)ons would be assessed only a@er the con- clusion of the trial and on the apprecia(cid:26)on of evidence to be led by both thepar- (cid:26)es before the trial Court. This Court would refrain itself from commen(cid:26)ng any- thing on the merits of the case. The trial of the case will take sufficient long (cid:26)me. Keeping in view the arguments raised by both the sides and perusing the record, this Court is of the opinion that learned counsel for the pe(cid:26)(cid:26)oner succeeds in making out a case for grant of regular bail to the pe(cid:26)(cid:26)oner. 8. Accordingly, the present pe(cid:26)(cid:26)on is allowed and the pe(cid:26)(cid:26)oner is ordered to be released on bail on his furnishing bail/surety bonds to the sa(cid:26)sfac- (cid:26)on of the concerned trial Court/Duty Magistrate. 9. Nothing said herein shall be treated as an expression of opinion on the merits of the case. May 15, 2025 renu ( RAJESH BHARDWAJ ) JUDGE Whether Speaking/reasoned Yes/No Yes/No Whether Reportable RENU 2025.05.15 18:30 I attest to the accuracy and integrity of this document Chandigarh
Arguments
Ms. Simran Goria, AAG,Punjab. **** RAJESH BHARDWAJ, J. (Oral) 1. Pe(cid:26)(cid:26)oner has approached this Court by way of present pe(cid:26)(cid:26)on praying for gran(cid:26)ng regular bail in a case FIR No.118 dated 30.09.2021 registered under Sec(cid:26)on 21 of Narco(cid:26)c Drugs and Psychotropic Substances Act, 1985 (for short, `the Act’) (lateron added Sec(cid:26)on 29 of the NDPS Act vide report No.14 dated 04.10.2021 and Sec(cid:26)ons 25(6)(7) of Arms Act, 1959 vide report No.43 dated 30.09.2021) at Police Sta(cid:26)on Mehna, District Moga. 2. Succinctly, the facts of the present case are that Police party while on patrolling on 30.09.2021 received a secret informa(cid:26)on to the effect that Amandeep Singh @ Gora Machhar was indulging in selling of heroin. It was informed that he was standing near Bus Stand Mehana and wai(cid:26)ng for somebody. If the raid is conducted, he could be arrested along with the contraband. On finding the informa(cid:26)on reliable, a raiding team was cons(cid:26)tuted and raid was conducted at the place as disclosed by the informer. A person as disclosed was found standing and he was nabbed. On asking, he disclosed his name as Amandeep Singh alis Gora Machhar, who was suspected to be carrying some contraband and thus his search was conducted. On being searched, 300 RENU 2025.05.15 18:30 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25569 of 2025 -2- grams of heroin was recovered from him. Thus, the FIR was registered and he was arrested on the spot. On registra(cid:26)on of FIR, the inves(cid:26)ga(cid:26)on commenced. During inves(cid:26)ga(cid:26)on, he made a disclosure statement about the pe(cid:26)(cid:26)oner that out of the recovered 300 grams of heroin, 150 grams of heroin was supplied by the pe(cid:26)(cid:26)oner. Hence, the pe(cid:26)(cid:26)oner was also arrayed as an accused. However, he avoided his arrest and could not be arrested. Therea@er, he was arrested in another case FIR No.231 dated 16.07.2024 registered under Sec(cid:26)ons 25/54/59 of Arms Act at Police Sta(cid:26)on Dera Bassi, District SAS Nagar. The Inves(cid:26)ga(cid:26)ng Agency sought his arrest in the present case on the produc(cid:26)on warrants. The pe(cid:26)(cid:26)oner approached the learned Special Court at Moga for grant of bail. However, on hearing, the same was declined by the learned Special Court at Moga on 12.03.2025. Hence aggrieved, the persent pe(cid:26)(cid:26)on has been filed. 3. Learned counsel for the pe(cid:26)(cid:26)oner has vehemently contended that the pe(cid:26)(cid:26)oner has been falsely implicated in this case. He submits that as is evident, he has not been named in the FIR nor any recovery has been effected from him. He submits that during inves(cid:26)ga(cid:26)on, the pe(cid:26)(cid:26)oner has been roped in the present case on the basis of the disclosure statement of the co-accused Amandeep Singh from whom 300 grams of heroin was allegedly recovered. It is submiCed that the disclosure statement of the co-accused – Amandeep Singh in itself is not an admissible evidence. He submits that except the disclosure statement of the co-accused, there is no other evidence against the pe(cid:26)(cid:26)oner. He submits that the co-accused Amandeep Singh, from whom recovery was effected, has already been enlarged on bail by this Court vide order dated 11.09.2023 passed in CRM-M-43802 of 2023. He has submiCed that the challan is already filed and the charges are framed. The pe(cid:26)(cid:26)oner is behind bars from last more than 08 months and 15 days. He submits that pe(cid:26)(cid:26)oner has never been involved in any other case of the similar nature. The pe(cid:26)(cid:26)oner thus deserves to be granted bail. RENU 2025.05.15 18:30 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25569 of 2025 -3- 4. Learned State Counsel has vehemently opposed the submissions made by learned counsel for the pe(cid:26)(cid:26)oner. She submits that recovery effected from the co-accused was 300 grams of heroin which is a commercial quan(cid:26)ty, (cid:1)(cid:2)(cid:3)(cid:4)(cid:5) (cid:1)(cid:2)(cid:6)(cid:5) (cid:7)(cid:8)(cid:9)(cid:10)(cid:11)(cid:4)(cid:11)(cid:9)(cid:12)(cid:4)(cid:5) (cid:9)(cid:13)(cid:5)(cid:14)(cid:6)(cid:15)(cid:1)(cid:11)(cid:9)(cid:12)(cid:5)(cid:16)(cid:17)(cid:5) (cid:9)(cid:13)(cid:5)(cid:1)(cid:2)(cid:6)(cid:5) (cid:18)(cid:19)(cid:20)(cid:14) (cid:5)(cid:21)(cid:15)(cid:1)(cid:5) (cid:22)(cid:8)(cid:6)(cid:5) (cid:22)(cid:1)(cid:1)(cid:8)(cid:22)(cid:15)(cid:1)(cid:6)(cid:23)(cid:24) (cid:5) During the inves(cid:26)ga(cid:26)on, it has been found that 150 grams of heroin was supplied by the pe(cid:26)(cid:26)oner. (cid:5)She submits that name of the pe(cid:26)(cid:26)oner surfaced immediately a@er arrest of the co-accused. However, she ini(cid:26)ally avoided his arrest but upon best efforts, he was arrested later on in another case i.e. FIR No.231 dated 16.07.2024 registered under Sec(cid:26)ons 25/54/59 of Arms Act at Police Sta(cid:26)on Dera Bassi, District SAS Nagar and thus on produc(cid:26)on warrants, he has been arrested in the present case on 28.08.2024. She submits that in all, there are seven accused and four are on bail and the remaining two including the pe(cid:26)(cid:26)oner are behind bars. She submits on instruc(cid:26)ons, that out of 8 prosecu(cid:26)on witnesses, no witness has been examined so far. She produced the custody cer(cid:26)ficate of the pe(cid:26)(cid:26)oner. 5. A@er hearing learned counsel for the par(cid:26)es, it is deciphered that the pe(cid:26)(cid:26)oner was arrayed as an accused in the present case on the basis of the disclosure statement of the co-accused from whom heroin weighing 300 grams was recovered. The pe(cid:26)(cid:26)oner is behind bars since 28.08.2024. The inves(cid:26)ga(cid:26)on is complete. Challan is presented. Charges are framed. However, it is submiCed that no witness has been examined. The custody cer(cid:26)ficate would show that the pe(cid:26)(cid:26)oner has suffered incarcera(cid:26)on for the last 08 months and 15 days as on 14.05.2025. It is also stated that the pe(cid:26)(cid:26)oner is facing one more case under Arms Act and there is no other case registered against him under the NDPS Act. 6. As held by the Hon'ble Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that the case of the pe(cid:26)(cid:26)oner is covered by the ra(cid:26)o of law laid down by the Hon'ble Supreme Court. In the abovesaid case Hon'ble Supreme Court expressed its views as under:- RENU 2025.05.15 18:30 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25569 of 2025 -4- 19. A plain and literal interpreta(cid:15)on of the condi(cid:15)ons under Sec(cid:15)on 37 (i.e., that Court should be sa(cid:15)sfied that the accused is not guilty and would not commit any offence) would effec(cid:15)vely exclude grant of bail altogether, resul(cid:15)ng in puni(cid:15)ve deten(cid:15)on and unsanc(cid:15)oned preven(cid:15)ve deten(cid:15)on as well. Therefore, the only manner in which such special condi(cid:15)ons as enacted under Sec(cid:15)on 37 can be considered within cons(cid:15)tu(cid:15)onal parameters is where the court is