AKASHDEEP SINGH ALIAS KANG AND ANR v. STATE OF PUNJAB
Case Details
CRM-M-28803-2025 -1- 306 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28803-2025 Reserved on : 09.07.2025 Pronounced on: 30.07.2025 AKASHDEEP SINGH ALIAS KANG AND ANR. ...PETITIONERS VERSUS STATE OF PUNJAB ...RESPONDENT CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vipin Mahajan, Advocate for the petitioners. Mr. Akshay Kumar, Asst. AG, Punjab. **** ANOOP CHITKARA, J.
Facts
FIR No. 14 Dated 19.03.2025 Police Station State Special Operation Cell Amritsar, Intelligence Wing CID, District Amritsar, Punjab Sections 21/25/29 of NDPS Act, 1985 and Section 61(2) of BNS, 2023 and Section 25 of Arms Act 1. The petitioners incarcerated for violating the above-mentioned provisions of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) per the FIR captioned above, have come up before this Court under Section 483 BNS seeking bailon the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply. 2. The facts and allegations are taken from the status report dated 02.07.2025 filed by the State. On 19.03.2025, on the basis of secret information, Police seized 135 grams of heroin from the tool box of the motorcycle bullet being ridden by petitioners Akashdeep Singh and Kulwinder Singh and co-accused Arwinder Singh. 3. In paragraph 15 of the bail application, the petitioners have no criminal antecedents. However, as per para 9 of the reply, the petitioner-Akashdeep Singh @ Kang has following criminal antecedents: Sr. No. 1. FIR No. 22 Date 07.03.2017 Offences 307/324 of IPC Police Station Fatehgarh Churian, Batala, District Gurdaspur 4. Counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and petitioners were not involved in any other case under NDPS Act. The petitioners' counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioners and their Renu Bala 2025.07.30 16:58 I attest to the accuracy and integrity of this document family. CRM-M-28803-2025 -2- 5. The petitioners’ counsel submits that the petitioners would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioners repeat the offense or commit 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 petitioners shall have no objection. 6. 7. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following portions of the reply, which read as follows: "8. Role of the petitioners:- That investigation revealed that arrested accused and petitioners were actively involved in heroin and weapon smuggling network. The consignment was procured by petitioners and co-accused Arwinder Singh alias Gagan on the instructions of arrested co-accused Gurpreet Singh alias Gopi, which was subjected to sale at local level. Efforts are still on for the arrest of co-accused Sukhpreet Singh." 8. In Maulana Mohd Amir Rashadi v. State of U.P., (2012) 3 SCC 382, Hon’ble Supreme Court holds, [10] It is not in dispute and highlighted that the second respondent is a sitting Member of Parliament facing several criminal cases. It is also not in dispute that most of the cases ended in acquittal for want of proper witnesses or pending trial. As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc. 9 In Paramjeet Singh v. State of Punjab, 2022:PHHC:003983 [Para 8], CRM-M 50243 of 2021, this court observed, While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when Courts quashed the FIR; the prosecution stands withdrawn, or prosecution filed a closure report; cannot be included. Although crime is to be despised and not the criminal, yet for a recidivist, the contours of a playing field are marshy, and graver the criminal history, slushier the puddles. (cid:1)(cid:2)(cid:3) (cid:4)he quantity allegedly involved in this case is not commercial. Given this, the rigours of Renu Bala 2025.07.30 16:58 I attest to the accuracy and integrity of this document CRM-M-28803-2025 -3- S. 37 of the NDPS Act do not apply in the present case. 11. Section 2 (vii-a) of the NDPS Act defines commercial quantity as the quantity greater than the quantity specified in the schedule. Section 2 (xxiii-a) defines small quantity as a quantity less than the quantity specified in the table of the NDPS Act. The remaining quantity falls in an undefined category, generally called an intermediate quantity. All Sections in the NDPS Act, which specify an offence, also mention the minimum and maximum sentence, depending upon the quantity of the substance. The commercial quantity mandates a minimum sentence of ten years of imprisonment and a minimum fine of Rupees One hundred thousand, and bail is subject to the riders mandated in S. 37 of NDPS Act. When the quantity is less than commercial, the restrictions of Section 37 of the NDPS Act will not attract, and the factors for bail become similar to the offence regular statutes. 12. As per paragraph 6 of the bail petition, the petitioners have been in custody since 19.03.2025. Per the custody certificate dated 08.07.2025, the petitioners’ total custody in this FIR is 03 months and 12 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie 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, subject to the compliance of terms and conditions mentioned in this order. 13.
Legal Reasoning
The evidence collected might be prima facie sufficient to launch prosecution or even to frame the charges; however, it is insufficient for denying bail. 14. Given the penal provisions invoked, 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, subject to compliance with the terms and conditions mentioned in this order. 15. 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 petitioners make a case for bail. CONDITIONS: 16. Given above, provided the petitioners are not required in any other case, the petitioners 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. 17. While furnishing a personal bond, the petitioners 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) Renu Bala 2025.07.30 16:58 I attest to the accuracy and integrity of this document CRM-M-28803-2025 -4- 18. This order is subject to the petitioners’ complying with the following terms. 19. The petitioners shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioners 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. 20. Given the background of allegations against the petitioners, 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 petitioners 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 petitioners 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. 21. 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.” 22. 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 petitioners are found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the petitioners are bound to face the necessary consequences.” 23. The significant consideration for granting bail is that the Court aims to give the petitioners another chance to course-correct, reform, and reintegrate into the community as an ideal citizen. To ensure that the petitioners also abides by the assurance made on the petitioners’ behalf by not repeating the offence or indulging in any crime, it shall be desirable Renu Bala 2025.07.30 16:58 I attest to the accuracy and integrity of this document to impose the following additional condition. CRM-M-28803-2025 -5- 24. This bail is conditional, with the foundational condition being that if the petitioners repeat 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. 25. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 26. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioners 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. 27. Petition allowed in terms mentioned above. All pending applications, if any, stand
Decision
disposed of. 30.07.2025 renubala Whether speaking/reasoned: Whether reportable: Yes/No Yes/No (ANOOP CHITKARA) JUDGE Renu Bala 2025.07.30 16:58 I attest to the accuracy and integrity of this document