Judgment · High Court · 2024

Judgment

#1. The present second petition has has been filed inter alia praying for grant of nt of regular bail to the petitioner

tioner in case FIR No. 106 dated

20.06.2023, , under Section 22 of the Narc Narcotic Drugs and Psychotropic Substances A ces Act, 1985, registered at Police S strict olice Station Sadar Khanna, District Khanna.

#2. At the outset, learned State coun counsel has filed the status report by way of y of an affidavit of Mr. Amritpal ritpal Singh Bhaati, PPS, Deputy Superintenden tendent of Police, Police District K a on trict Khanna, District Ludhiana on behalf of the of the respondent-State in Court toda ocrd, rt today, which is taken on reocrd, subject to all all just exceptions. Copy thereof o the hereof has been handed over to the counsel for th l for the petitioner. PARUL 2024.11.08 16:41 I attest to the accuracy and authenticity of this document CRM-M-4258 42585-2024 2

#3. Learned counsel for the petition petitioner has raised a glaring issue that the recov e recovery memo was never signed b gned by the accused. The said fact could not be ot be denied by the learned State co ate counsel after verifying from the case file brou le brought by the concerned official. 2400 fficial. It is very strange that 2400 tablets are all are alleged to be recovered from the on a m the petitioner in a black bag on a busy road at ad at around 5:00 P.M., as per the er the FIR but neither there is any independent w dent witness nor the recovery memo i emo is signed by the accused. There is not even a even a recital in the FIR that the acc n the he accused ever refused to sign the recovery mem y memo. Although the memos, where o get whereby, the accused refused to get search by the by the patrolling party are duly sign y signed and instead of calling the Magistrate o rate or a Gazetted Officer, the Dep e Deputy Superintendent of Police Narcotic Cell ic Cell, Khanna was requested to com to come present in whose presence the search w rch was conducted. It is very stra y strange that despite the Deputy Superintenden tendent of Police being present at the , still at the time of alleged recovery, still the recovery overy memos were not signed by the a is no y the accused and further there is no recital that the that there was any refusal by the accus accused.

#4. Learned counsel for the petitio petitioner submits that, in fact, the entire narratio arration in the FIR is false and fabrica ry is fabricated and the alleged recovery is planted upon upon the petitioner by the officials t the ficials. He further submits that the petitioner has er has fair chance of acquittal, since, , apparently the recovery cannot be proved fro d from the petitioner and more so, h e so, he also raises other issues with regard to the to the sample being sent to the FSL t the e FSL. He further submits that the report of the of the FSL is non-est, in case, the rec recovery is not proved from the accused. PARUL 2024.11.08 16:41 I attest to the accuracy and authenticity of this document CRM-M-4258 42585-2024 3

#5. Learned State counsel has filed f the filed the custody certificate of the petitioner in C in Court today, which is taken on r h the en on record, according to which the petitioner has has already undergone 01 year, 04 d the 04 months and 15 days and the trial has begu s begun. Learned counsel for the Stat t out e State has also pointed out that out of 12 witness itnesses, 10 have been examined and d has d and only 02 are remaining and has further clarifi clarified that, in fact, 04 witnesses hav ses have been examined and 06 have been given up ven up.

#7. Heard learned counsel for the pa the parties at length. In light of the above and conside onsidering the fact that the petitioner has carved ou ved out a case for grant of regular bail t the ar bail, coupled with the fact that the petitioner is s in custody for the last 01 year, 0 year, 04 months and 15 days and the trial is likely likely to take some time, therefore, d be refore, no useful purpose would be served by kee by keeping the petitioner in custody, h titled tody, hence, the petitioner is entitled to the grant o r bail. rant of the concession of regular bail.

#8. Without commenting upon the m the merits of the case, the present petition stand stands allowed and the petitioner is o is ordered to be released on bail if not required in ired in any other case on furnishing ba o the ing bail bonds and surety bonds to the satisfaction of tion of the trial Court/Duty Magistrate, strate, concerned. The petitioner shall, shall, however, be re r, be released on the following conditio nditions: The petitioner shall declare his i. ordinary place of residence and . the mobile number used by him. ii. The petitioner will not switch off f any tch off his mobile and in case of any technical glitch, he has to give a give an alternate number, which will be available in his absence. iii. The petitioner will mark his prese rned, presence before the SHO concerned, after every 15 days and in case n case the SHO refuses to mark his presence, he is permitted to make make an application before the Illaqa PARUL 2024.11.08 16:41 I attest to the accuracy and authenticity of this document CRM-M-4258 42585-2024 4 Magistrate, concerned. iv. The petitioner will not leave t eave the country without the prior permission of the Court, for whic r which he will submit the copy of his passport also. However, in case th ssess a case the petitioner does not possess a passport, then he shall file an le an undertaking to the said effect before being released. The petitioner shall abide by s as e by the terms and conditions as imposed in ad d in addition to Section 483 of BNSS, NSS, 2023.

#9. However, nothing stated above above shall be construed as a final expression of ion of opinion on the merits of the ca ot be the case and this order shall not be considered as ed as parity qua any other co-accused ccused in any manner whatsoever.

#10. It is further made clear that, in hat, in case, the petitioner is found involved in a d in any such activity once again, the in, the State is at liberty to promptly move an app n appropriate application for cancella t the ancellation of bail detailing out the circumstances stances and violation of conditions of ba s of bail.

#11. In light of the above, what has b it is t has been recorded hereinabove; it is high time th me that some responsibility be fixed e fixed upon the officials who are performing th ing the State duty. A Police Officer fficer is expected to work with due diligence and and honesty. He is expected to follo o follow the rules and the procedures established by law and therefore, let this m this matter be put before the Home Secretary, Sta ry, State of Punjab and the Director G ith a ctor General of Police, Punjab with a clear directio irection that, in case, the petitioner , the tioner is acquitted in the FIR, the recovery so a so affected in this case should be t m all ld be taken to be recovered from all those officers fficers who were present at the tim the time of preparing the recovery memo. All th All the officers who have signed the re d the recovery memo will be charged with an FIR u FIR under the NDPS Act and this ent ed to his entire recovery will be deemed to PARUL 2024.11.08 16:41 I attest to the accuracy and authenticity of this document be effected fr cted from them. CRM-M-4258 42585-2024 5

#12. Necessary action be taken and ed to and the compliance be reported to this Court and urt and only for the said purpose, list o , list on 05.02.2025. (ALOK JAIN) JUDGE November 08 08, 2024 Whether speaking/reasoned: Whether Reportable:- oned:- Yes/No Yes/No PARUL 2024.11.08 16:41 I attest to the accuracy and authenticity of this document