16.07.2025 Gurjit Singh State of Punjab v. Pe(cid:15)(cid:15)oner
Case Details
CRM-M-47385-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47385-2024 Reserved on: 01.07.2025 Pronounced on: 16.07.2025 Gurjit Singh State of Punjab Versus ...Pe(cid:15)(cid:15)oner …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vipul Jindal, Advocate, for the pe(cid:15)(cid:15)oner. Mr. Jasdev Singh Thind, DAG, Punjab. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta2on Sec2ons 155 07.09.2023 Beas, Amritsar 21/29 of NDPS Act 1.
Facts
The pe(cid:15)(cid:15)oner incarcerated in the FIR cap(cid:15)oned above had come up before this Court under Sec(cid:15)on 483 of Bhara(cid:15)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail. 2. In paragraph 5 of the bail pe(cid:15)(cid:15)on, the accused declares that he has no criminal antecedents. 3. The facts and allega(cid:15)ons are taken from the reply filed by the State. On 07.09.2023, the police received a secret informa(cid:15)on that accused Kuldeep Singh and Gurdev Singh were selling heroin and even other descrip(cid:15)ons were provided. Subsequently, the police was able to nab them and they claimed to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973 and recovered 850 grams of heroin from Gurdev Singh and 150 grams of heroin from Kuldeep Singh. A>er the arrest, Gurdev Singh suffered a disclosure statement and named one Gurjeet Singh, Jobandeep Singh as the other persons and one Patwari, who were involved in supplying of heroin to them and they purchased about 17 kg of heroin from them. A>er that, in addi(cid:15)on to the earlier recovery from the other accused, the police had recovered 500 grams of heroin at the instance of the pe(cid:15)(cid:15)oner. 4. 5. The pe(cid:15)(cid:15)oner's counsel seeks bail on the grounds of prolonged pretrial custody. The pe(cid:15)(cid:15)oner's counsel prays for bail by imposing any stringent condi(cid:15)ons and contends that further pre-trial incarcera(cid:15)on would cause an irreversible injus(cid:15)ce to the pe(cid:15)(cid:15)oner and their family. JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-47385-2024 6. 7. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer to the following por(cid:15)ons of the reply, which read as follows: “Role of the pe(cid:11)(cid:11)oner 7. That the pe(cid:11)(cid:11)oner was arrested on 08.09.2023 during the course of the inves(cid:11)ga(cid:11)on. During his custodial interroga(cid:11)on, the pe(cid:11)(cid:11)oner suffered a disclosure statement dated 08.09.2023, disclosing therein that the co- accused Jobandeep Singh was resident of his village, due to which they were having cordial rela(cid:11)onship between them and Amritpal Singh alias Bath, Balwinder Singh alias Binder and Abhayroop Singh were friends of the co-accused Jobandeep Singh and he also came in contact with the aforesaid persons and in March/April 2023, he and Jobandeep Singh started supplying heroin and he had supplied heroin to Gurdev Singh along with the co-accused Jobandeep Singh. He further disclosed that Amritpal Singh alias Bath, who was known to the co-accused Jobandeep Singh was having rela(cid:11)ons with Pakistan based smugglers and Pakistan based smugglers used to supply heroin on asking of Amritpal Singh and Jobandeep Singh and Balwinder Singh used to pick the consignment of heroin from the border. He further disclosed that he had supplied two consignments of heroin to Abhayroop Singh in the area of Ranjit Avenue, Amritsar. 8. That a total of 500 grams of heroin from the Urban Cruiser Car No.PB02-ED-7749 was recovered at the instance of the pe(cid:11)(cid:11)oner in the presence of the then Deputy Superintendent of Police, Sub-division A7ari, Amritsar (Rural) pursuant to his disclosure statement, which was taken into police possession vide recovery memo dated 08.09.2023.” REASONING: 8. The quan(cid:15)ty allegedly involved in this case is commercial. Given this, the rigors of S. 37 of the NDPS Act apply in the present case. The pe(cid:15)(cid:15)oner must sa(cid:15)sfy the twin condi(cid:15)ons set forth by the Legislature under Sec(cid:15)on 37 of the NDPS Act. 9. The pe(cid:15)(cid:15)oner is en(cid:15)tled to bail because for the same drug, and when the quan(cid:15)ty involved was either more or closer to the quan(cid:15)ty seized in the present FIR, the Hon’ble Supreme Court has granted bail on prolonged custody in the following judicial precedent: JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-47385-2024 10. In Sabat Mehtab Khan v. The State of Maharashtra, decided on 03 Sep 2024, SLP (Crl) 8557-2024, Hon’ble Supreme Court holds,
Legal Reasoning
Considering the quan(cid:15)ty of the contraband ar(cid:15)cles and the period of his incarcera(cid:15)on, we are of the opinion that a case of bail is made out for the pe(cid:15)(cid:15)oner. 11. In Ramlal v. The State of Rajasthan, decided on 17 Sep 2024, SLP (Crl) 9510-2024, wherein Hon’ble Supreme Court granted bail to a first offender a>er one year and six months of custody who possessed 450 grams of smack (Heroin), and the holds as follows: The pe(cid:15)(cid:15)oner and the other accused persons are accused for the offences punishable under Sec(cid:15)ons 8/21 & 8/29 of the Narco(cid:15)c Drugs and Psychotropic Substances Act and allega(cid:15)on is that 450 gram of smack has been recovered from them. The bail applica(cid:15)on of the pe(cid:15)(cid:15)oner was dismissed by the High Court. Hence, he approached this Court. He has already undergone about 1 year and 6 months in jail. Heard learned counsel for the pe(cid:15)(cid:15)oner. As per office report dated 13.09.2024, the service is deemed complete on the sole respondent-State but no one has appeared for the State. Considering the period of incarcera(cid:15)on of the pe(cid:15)(cid:15)oner and the fact that the pe(cid:15)(cid:15)oner has no criminal antecedents, we are of the opinion that a case of bail is made out for the pe(cid:15)(cid:15)oner. 12. As per the custody cer(cid:15)ficate dated 30.06.2025, the pe(cid:15)(cid:15)oner's custody in this FIR is of 01 year, 09 months and 17 days. 13. The prolonged incarcera(cid:15)on, generally militates against the most precious fundamental right guaranteed under Ar(cid:15)cle 21 of the Cons(cid:15)tu(cid:15)on and in such a situa(cid:15)on, the condi(cid:15)onal liberty must override the statutory embargo created under Sec(cid:15)on 37(1)(b)(ii) of the NDPS Act1. 14. Following the judicial precedent men(cid:15)oned above, without commen(cid:15)ng on the case's merits, and considering the pe(cid:15)(cid:15)oner’s pre-trial custody, the weight of the drugs, absence of criminal antecedents rela(cid:15)ng to drugs, coupled with the other factors peculiar to this case, further pre-trial incarcera(cid:15)on is not jus(cid:15)fied at this stage. 1 Supreme Court of India, in Rabi Prakash v. The State of Odisha, SLP (Crl) 4169-2023, Para 4, decided on 13 July 2023 JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-47385-2024 CONDITIONS: 15. Given above, provided the pe(cid:15)(cid:15)oner is not required in any other case, the pe(cid:15)(cid:15)oner shall be released on bail in the FIR cap(cid:15)oned above, subject to furnishing bonds to the sa(cid:15)sfac(cid:15)on of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate or duty Magistrate. Before accep(cid:15)ng the surety, the concerned Court must be sa(cid:15)sfied that if the accused fails to appear, such surety can produce the accused. 16. While furnishing a personal bond, the pe(cid:15)(cid:15)oner shall men(cid:15)on the following personal iden(cid:15)fica(cid:15)on details: 1. AADHAR number 2. Passport number (If available) and when the aMes(cid:15)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 17. This order is subject to the pe(cid:15)(cid:15)oner’s complying with the following terms. 18. The pe(cid:15)(cid:15)oner shall abide by all statutory bond condi(cid:15)ons and appear before the concerned Court(s) on all dates. The pe(cid:15)(cid:15)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 circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 19. Given the background of allega(cid:15)ons against the pe(cid:15)(cid:15)oner, it becomes paramount to protect the members of society, and incapacita(cid:15)ng the accused would be one of the primary op(cid:15)ons un(cid:15)l the filing of the closure report or discharge, or acquiMal. Consequently, it would be appropriate to restrict the possession of firearms. [This restric(cid:15)on 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 sanc(cid:15)on]. Given the nature of the allega(cid:15)ons and the other circumstances peculiar to this case, the pe(cid:15)(cid:15)oner shall surrender all weapons, firearms, and ammuni(cid:15)on, if any, along with the arms license to the concerned authority within fi>een days of release from prison and inform the Inves(cid:15)gator of the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:15)(cid:15)oner shall be en(cid:15)tled to renew and reclaim them in case of acquiMal in this case, provided otherwise permissible under the concerned rules. Restric(cid:15)ng firearms would ins(cid:15)ll confidence in the vic(cid:15)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:15)ng the offense. JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-47385-2024 20. The condi(cid:15)ons men(cid:15)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:15)(cid:15)on (Criminal) No. 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of the Hon’ble Supreme Court held that “The bail condi(cid:15)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:15)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:15)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:15)ons that would result in the depriva(cid:15)on of rights and liber(cid:15)es must be eschewed.” 21. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP (Crl) 12225-2024, the Hon’ble Supreme Court holds in Para 7, “It goes without saying that if the pe(cid:15)(cid:15)oner is found involved in such like offence in future, the concession of bail granted to him today will liable to be withdrawn and the pe(cid:15)(cid:15)oner is bound to face the necessary consequences.” 22. This bail is condi(cid:13)onal, and the founda(cid:13)onal condi(cid:13)on is that if the pe(cid:13)(cid:13)oner commits any offence under the NDPS Act, where the quan(cid:13)ty involved is more than half of the intermediate or commercial quan(cid:13)ty, or violates S. 19, 24, or 27-A of the NDPS Act, then the State shall apply for cancella(cid:13)on of this bail before the Trial Court, which shall be eligible, authorized, and shall have the discre(cid:13)on to cancel this bail. 23. Any observa(cid:15)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 24. A cer(cid:15)fied copy of this order is not required for furnishing bonds. An Advocate for the Pe(cid:15)(cid:15)oner can download the order from the Court's official web page and aMest it as a true copy. If needed, the aMes(cid:15)ng officer can verify its authen(cid:15)city online and use the downloaded copy to aMest bonds. 25. Pe22on allowed in terms men(cid:15)oned above. All pending applica(cid:15)ons, if any, stand
Arguments
The pe(cid:15)(cid:15)oner is an accused for the offences punishable under Sec(cid:15)ons 21(c) and 29 of the of the Narco(cid:15)c Drugs and Psychotropic Substances Act and allega(cid:15)on is that 275 gms. and 50.01 gms of heroine has been recovered from him. His regular bail applica(cid:15)on was dismissed by the High Court. He has already undergone about 1 year six months in jail. Heard learned senior counsel/counsel for the par(cid:15)es.
Decision
disposed of. 16.07.2025 Jyo2-II (ANOOP CHITKARA) JUDGE Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2025.07.17 09:36 I attest to the accuracy and integrity of this order/judgment. 5