The High Court
Case Details
CRM-M-48713-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-48713-2024 Reserved on: 15.02.2025 Pronounced on: 28.02.2025 Kamaljit Singh Gill @ Kamaljit Singh ...Pe(cid:18)(cid:18)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:
Legal Reasoning
Mr. Harjot Goyal, Advocate for Mr. Monty Goyal, Advocate, for the pe(cid:18)(cid:18)oner. Mr. Sukhdev Singh, AAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta1on Sec1ons 45 08.06.2022 Sadar Raikot, Dis/. Ludhiana 18, 25, 29, 61 of NDPS Act 1. The pe(cid:18)(cid:18)oner apprehending arrest in the FIR cap(cid:18)oned above has come up before this Court under Sec(cid:18)on 482 of Bhara(cid:18)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:18)cipatory bail. 2. Vide order dated 27.09.2024, the pe(cid:18)(cid:18)oner was granted interim bail/ protec(cid:18)on, which con(cid:18)nues to date. 3. In paragraph 13 of the bail pe(cid:18)(cid:18)on, the accused declares that he has no criminal antecedents. 4. The facts and allega(cid:18)ons are taken from the status report filed by the State. On 08.06.2022, based on secret informa(cid:18)on, the Police seized 1 kg 250 gams opium from the possession of co-accused Gurtej Singh @ Teji. The co-accused in his disclosure statement disclosed that he purchased 250 grams opium from the pe(cid:18)(cid:18)oner on 08.06.2022 The Inves(cid:18)gator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973. 5. The pe(cid:18)(cid:18)oner's counsel argued that the pe(cid:18)(cid:18)oner has been nominated in the present case on the basis of disclosure statement of co-accused Gurtej Singh @ Teji. He submits that the co-accused Gurtej Singh @ Teji and Ranjit Kaur @ Rani have already been released on regular bail by the trial Court, vide Annexures P-2 and P-3. He further JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-48713-2024 submits that another co-accused Karnail Singh @ Babbu, who was also nominated on the basis of disclosure statement, has also been granted concession of an(cid:18)cipatory bail by the trial Court vide Annexure P-4. 6. The pe(cid:18)(cid:18)oner's counsel prays for bail by imposing any stringent condi(cid:18)ons. The pe(cid:18)(cid:18)oner’s counsel argued that the custodial inves(cid:18)ga(cid:18)on would serve no purpose whatsoever and the pre-trial incarcera(cid:18)on would cause an irreversible injus(cid:18)ce to the pe(cid:18)(cid:18)oner and family. 7. 8. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:18)ons of the status report, which read as follows: “15. That the role of the pe(cid:16)(cid:16)oner in this case is that he used to purchase opium and poppy husk along with accused Gurtej Singh @ Teji from Jharkhand and Madhya Pradesh States and sell the same in Punjab. He also purchased 250 grams opium from accused Gurtej Singh @ Teji. 16. That the pe(cid:16)(cid:16)oner is involved in smuggling ac(cid:16)vi(cid:16)es of selling opium and poppy husk to the people a)er purchasing the same from other states. Enquiries are to be made from him about the names and addresses of the persons who sold opium and poppy husk to the pe(cid:16)(cid:16)oner and also the name of persons to whom he used to sell these intoxicant materials. Enquiries are also made from him what property he has obtained or purchased with the help of drug money. The pe(cid:16)(cid:16)oner does not deserve the concession of an(cid:16)cipatory bail. Custodial interroga(cid:16)on of the pe(cid:16)(cid:16)oner is required to the Inves(cid:16)ga(cid:16)ng Officer.” REASONING: 9. An analysis of the above would lead to the following outcome. 10. The quan(cid:18)ty involved is 1 kg 250 grams opium, which is primafacie non- commercial. 11. Given this, the rigors of S. 37 of the NDPS Act do not apply in the present case. 12. The pe(cid:18)(cid:18)oner was granted interim protec(cid:18)on and he was named on the basis of disclosure statement. The co-accused has already been granted the benefit of bail. During the interregnum, there is no allega(cid:18)on that he had in(cid:18)midated the witnesses, hampered the inves(cid:18)ga(cid:18)on, or did not join the trial. JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-48713-2024 13. The evidence might be primafacie sufficient to launch prosecu(cid:18)on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing the same for the bail stage. 14. 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. 15. Given the above, there would be no jus(cid:18)fica(cid:18)on to discon(cid:18)nue the interim protec(cid:18)on, which is made absolute subject to the pe(cid:18)(cid:18)oner complying with the terms of the bail order and the following addi(cid:18)onal condi(cid:18)ons. 16. The pe(cid:16)(cid:16)oner is directed to join the inves(cid:16)ga(cid:16)on as and when called by the Inves(cid:16)gator. The pe(cid:18)(cid:18)oner shall be in deemed custody for Sec(cid:18)on 27 of the Indian Evidence Act. The pe(cid:18)(cid:18)oner shall join the inves(cid:18)ga(cid:18)on as and when called by the Inves(cid:18)ga(cid:18)ng Officer or any Superior Officer and shall cooperate with the inves(cid:18)ga(cid:18)on at all further stages as required. In the event of failure to do so, the prosecu(cid:18)on will be open to seeking cancella(cid:18)on of the bail. During the inves(cid:18)ga(cid:18)on, the pe(cid:18)(cid:18)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 17. Given the background of allega(cid:18)ons against the pe(cid:18)(cid:18)oner, it becomes paramount to protect the witnesses, and members of society, detec(cid:18)on staff 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 fiNeen days 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, 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. 18. 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 indulges in any non-bailable offense, the State shall file an applica(cid:13)on for cancella(cid:13)on of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 19. The condi(cid:18)ons men(cid:18)oned above imposed by this court are to endeavor to reform JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-48713-2024 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.” 20. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:18)ons and shall be competent to do so in accordance with the law. 21. 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. 22. Pe11on allowed in terms men(cid:18)oned above. Interim order dated 27.09.2024 is
Decision
made absolute. All pending applica(cid:18)ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 28.02.2025 Jyo1-II Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2025.03.01 12:53 I attest to the accuracy and integrity of this order/judgment. 4