CRM-M No. 45984 of 2023 · Punjab And Haryana High Court · 2023

Mr. P.S. Sekhon, Advocate, for the pe(cid:18)(cid:18)oner. Mr. Jasjit Singh, DAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta1on Sec1ons 10

22.01.2020 Sadar Pa(, District Tarn Taran 21 and 29 of NDPS Act, 1985

1. The pe(cid:18)(cid:18)oner incarcerated in the FIR cap(cid:18)oned above had come up before this Court under Sec(cid:18)on 439 CrPC, seeking regular bail.

2. Vide order dated 20.11.2023, a co-ordinate Bench of this Court had granted interim bail to the pe(cid:18)(cid:18)oner and the said order is con(cid:18)nuing (cid:18)ll date.

3. In para 10 and 11 of the bail applica(cid:18)on and para 9 of the reply and the custody cer(cid:18)ficate, the accused has the following criminal antecedents: Sr. No. 1. 2. 3. FIR No. 29 18 38 Offenses Dated 23.02.2015 21 of NDPS Act 07.02.2020 21 of NDPS Act 08.05.2017 307, 34 IPC & Sec(cid:18)on 25 of Arms Act

20.03.2018 380, 457, 427, 354, 148, 149 IPC 06.10.2021 323, 452, 427, 506, 148, 149 IPC Police Sta1on Sarhali, Tarn Taran Sarhali, Tarn Taran Dera Baba Nanak, Dis<. Gurdaspur City Pa(, Dis<. Tarn Taran Sadar Pa(, Tarn Taran

08.01.2022 42, 52-A of Prisons Act 10.10.2018 454, 380 IPC 12.06.2023 22 of NDPS Act & 52-A Islamabad, Amritsar Bhikhiwind, Tarn Taran Goindwal Sahib

6. 7. 8. 56 64 16 127 256 JYOTI 2024.08.31 14:57 I attest to the accuracy and integrity of this order/judgment. of Prison Act 1 CRM-M-45984-2023

4. As per allega(cid:18)ons men(cid:18)oned in the status report filed by the State, police recovered 80 grams of heroin from the pe(cid:18)(cid:18)oner and 300 grams from his accomplice.

5. The pe(cid:18)(cid:18)oner's counsel prays for bail by imposing any stringent condi(cid:18)ons and contends that further pre-trial incarcera(cid:18)on would cause an irreversible injus(cid:18)ce to the pe(cid:18)(cid:18)oner and their family.

7. The State’s counsel opposes bail and refers to the status report. The pe(cid:18)(cid:18)oner seeks bail on pre-trial custody of more than three years and six months.

8. The pe(cid:18)(cid:18)oner is en(cid:18)tled to bail based on Dheeraj Kumar Shukla v. The State of U<ar Pradesh [SLP (Crl) 6690-2022], decided on 25 Jan 2023. Dheeraj Shukla would be a<racted when the three condi(cid:18)ons are fulfilled, (a). (b). (c) The custody of more than two years and six months and the delay was not a<ributable to the accused. The trial is at an ini(cid:18)al stage. The pe(cid:18)(cid:18)oner is the first offender.

9. Considering the quan(cid:18)ty involved and the pe(cid:18)(cid:18)oner fulfilling all three condi(cid:18)ons, Sec(cid:18)on 37 of the NDPS Act would not be a<racted. Given this, the criminal antecedents are also not a legal ground for denying the rigors of S. 37 of the NDPS Act at this stage.

10. As per the custody cer(cid:18)ficate, the pe(cid:18)(cid:18)oner has been in custody since

20.06.2020. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega(cid:18)ons, and the other factors peculiar to this case, there would be no jus(cid:18)fiability further pre-trial incarcera(cid:18)on at this stage, subject to the compliance of terms and condi(cid:18)ons men(cid:18)oned in this order.

11. Without commen(cid:18)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:18)oned above, the pe(cid:18)(cid:18)oner makes a case for bail. This order shall come into force from the (cid:18)me it is uploaded on this Court's official webpage.

12. This order is subject to the pe(cid:18)(cid:18)oner’s complying with the following terms.

13. The pe(cid:18)(cid:18)oner shall abide by all statutory bond condi(cid:18)ons and appear before the concerned Court(s) on all dates. The pe(cid:18)(cid:18)oner 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 JYOTI 2024.08.31 14:57 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-45984-2023 circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

14. Given the background of allega(cid:18)ons against the pe(cid:18)(cid:18)oner, it becomes paramount to protect the drug detec(cid:18)on squad, their family members, as well as the members of society, and incapacita(cid:18)ng the accused would be one of the primary op(cid:18)ons un(cid:18)l the filing of the closure report or discharge, or acqui<al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric(cid:18)on is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sanc(cid:18)on]. Given the nature of the allega(cid:18)ons and the other circumstances peculiar to this case, the pe(cid:18)(cid:18)oner shall surrender all weapons, firearms, and ammuni(cid:18)on, if any, along with the arms license to the concerned authority within fiOeen days from release from prison and inform the Inves(cid:18)gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:18)(cid:18)oner shall be en(cid:18)tled to renew and take it back in case of acqui<al in this case, provided otherwise permissible in the concerned rules. Restric(cid:18)ng firearms would ins(cid:18)ll confidence in the vic(cid:18)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:18)ng the offense.

15. The condi(cid:18)ons men(cid:18)oned 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 Pe(cid:18)(cid:18)on (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 condi(cid:18)ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor(cid:18)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:18)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:18)ons that would result in the depriva(cid:18)on of rights and liber(cid:18)es must be eschewed.”

16. Any observa(cid:18)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

17. A cer(cid:18)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:18)(cid:18)oner can download this order along with case status from the official web page of this Court and a<est it to be a true copy. If the a<es(cid:18)ng officer wants to verify its authen(cid:18)city, such an officer can also verify its authen(cid:18)city and may download and use the downloaded copy for a<es(cid:18)ng bonds. JYOTI 2024.08.31 14:57 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-45984-2023

18. Pe11on allowed in terms men(cid:18)oned above. Interim order dated 20.11.2023 is made absolute. All pending applica(cid:18)ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

30.08.2024 Jyo(cid:18)-II Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2024.08.31 14:57 I attest to the accuracy and integrity of this order/judgment. 4