The High Court
Case Details
CRM-M-57222-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57222-2024 Reserved on: 13.02.2025 Pronounced on: 19.02.2025 Gurjant Singh ...Pe(cid:16)(cid:16)oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Raghav Soni, Advocate, for the pe(cid:16)(cid:16)oner.
Legal Reasoning
The evidence might be prima facie sufficient to launch prosecu(cid:16)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. 13. Without commen(cid:16)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:16)oned above, the pe(cid:16)(cid:16)oner makes a case for bail. CONDITIONS: 14. Given the above, there would be no jus(cid:16)fica(cid:16)on to discon(cid:16)nue the interim protec(cid:16)on, which is made absolute subject to the pe(cid:16)(cid:16)oner complying with the terms of the bail order and the following addi(cid:16)onal condi(cid:16)ons. 15. The pe(cid:16)(cid:16)oner is directed to join the inves(cid:16)ga(cid:16)on within seven days and as and when called by the Inves(cid:16)gator. The pe(cid:16)(cid:16)oner shall be in deemed custody for Sec(cid:16)on 27 of the Indian Evidence Act. The pe(cid:16)(cid:16)oner shall join the inves(cid:16)ga(cid:16)on as and when called by the Inves(cid:16)ga(cid:16)ng Officer or any Superior Officer and shall cooperate with the inves(cid:16)ga(cid:16)on at all further stages as required. In the event of failure to do so, the prosecu(cid:16)on will be open to seeking cancella(cid:16)on of the bail. During the inves(cid:16)ga(cid:16)on, the pe(cid:16)(cid:16)oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc. 16. Given the background of allega(cid:16)ons against the pe(cid:16)(cid:16)oner, it becomes paramount to protect the witnesses, members of society and detec(cid:16)on staff and incapacita(cid:16)ng the accused would be one of the primary op(cid:16)ons un(cid:16)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:16)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:16)on]. Given the nature of the allega(cid:16)ons and the other circumstances peculiar to this case, the pe(cid:16)(cid:16)oner shall surrender all weapons, firearms, and ammuni(cid:16)on, if any, along with the arms license to JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-57222-2024 the concerned authority within fiLeen days and inform the Inves(cid:16)gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe(cid:16)(cid:16)oner shall be en(cid:16)tled to renew and take it back in case of acqui@al, provided otherwise permissible in the concerned rules. Restric(cid:16)ng firearms would ins(cid:16)ll confidence in the vic(cid:16)m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea(cid:16)ng the offense. 17. This bail is condi(cid:29)onal, and the founda(cid:29)onal condi(cid:29)on is that if the pe(cid:29)(cid:29)oner indulges in any non-bailable offense, the State shall file an applica(cid:29)on for cancella(cid:29)on of this bail before the Sessions Court, which shall have the liberty to cancel this bail. 18. The condi(cid:16)ons men(cid:16)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:16)(cid:16)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:16)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:16)onal to the purpose of imposing them. The courts, while imposing bail condi(cid:16)ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi(cid:16)ons that would result in the depriva(cid:16)on of rights and liber(cid:16)es must be eschewed.” 19. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:16)ons and shall be competent to do so in accordance with the law. 20. Any observa(cid:16)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 21. Pe11on allowed in terms men(cid:16)oned above. Interim order dated 26.11.2024 is
Arguments
Mr. Akshay Kumar, AAG, Punjab. ANOOP CHITKARA, J. **** FIR No. Dated Police Sta1on Sec1ons 66 11.09.2024 Sarai Amant Khan, Tarn Taran 21(b), 29, 61, 85 of NDPS Act 1. The pe(cid:16)(cid:16)oner apprehending arrest in the FIR cap(cid:16)oned above has come up before this Court under Sec(cid:16)on 482 of Bhara(cid:16)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:16)cipatory bail. 2. Vide order dated 26.11.2024, the pe(cid:16)(cid:16)oner was granted interim bail, which is con(cid:16)nuing (cid:16)ll date. 3. In paragraph 18 of the bail pe(cid:16)(cid:16)on, the accused declares that he has no criminal antecedents. 4. The facts and allega(cid:16)ons are taken from the reply filed by the State. On 11.09.2024, based on chance recovery, the Police seized 41 grams heroin from the possession of co-accused, namely, Satnam Singh @ Sa@a Chaudhary. The Inves(cid:16)gator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and BNSS, 2023. 5. The pe(cid:16)(cid:16)oner's counsel argued that the pe(cid:16)(cid:16)oner was not named in the FIR and has been nominated on the basis of disclosure statement of co-accused. He submits that except the alleged disclosure statement, there is no direct link to connect the pe(cid:16)(cid:16)oner with the alleged crime. JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-57222-2024 6. The pe(cid:16)(cid:16)oner's counsel prays for bail by imposing any stringent condi(cid:16)ons. The pe(cid:16)(cid:16)oner’s counsel argued that the custodial inves(cid:16)ga(cid:16)on would serve no purpose whatsoever and the pre-trial incarcera(cid:16)on would cause an irreversible injus(cid:16)ce to the pe(cid:16)(cid:16)oner and family. 7. The State’s counsel opposes bail and refers to the reply. It would be appropriate to refer paragraphs 11 and 12 of the reply, which reads as follows: “ROLE OF THE PETITIONER: 11. That as far as the role of the pe(cid:16)(cid:16)oner is concerned, it is submi(cid:25)ed that the pe(cid:16)(cid:16)oner is indulged in the smuggling of heroin and the recovery of heroin affected from the co-accused also belongs to the pe(cid:16)(cid:16)oner as the same has been disclosed by the co-accused Satnam Singh @ Sa(cid:25)a Chaudhary at the (cid:16)me of his arrest. As such, the pe(cid:16)(cid:16)oner is certainly not en(cid:16)tled for the concession of an(cid:16)cipatory bail and the custodial interroga(cid:16)on of the pe(cid:16)(cid:16)oner is utmost required in the present case in order to trace the sources of the pe(cid:16)(cid:16)oner and further to bring the inves(cid:16)ga(cid:16)on of the present case to its logical conclusion. EVIDENCE AGAINST THE PETITIONER: 12. That as far as evidence against the pe(cid:16)(cid:16)oner is concerned, it is submi(cid:25)ed that the co-accused Satnam Singh alias Sa(cid:25)a Chaudhary has voluntarily disclosed before the inves(cid:16)ga(cid:16)ng officer that he has purchased heroin for several (cid:16)mes from the pe(cid:16)(cid:16)oner Gurjant Singh. As such, the pe(cid:16)(cid:16)oner has commi(cid:25)ed the serious offence and he is certainly not en(cid:16)tled for an(cid:16)cipatory bail.” 8. An analysis of the above would lead to the following outcome. REASONING: 9. The quan(cid:16)ty involved is 41 grams of heroin, which is primafacie less than commercial. Given this, the rigors of S. 37 of the NDPS Act do not apply in the present case. 10. Sec(cid:16)on 2 (vii-a) of the NDPS Act defines commercial quan(cid:16)ty as the quan(cid:16)ty greater than the quan(cid:16)ty specified in the schedule. Sec(cid:16)on 2 (xxiii-a) defines a small quan(cid:16)ty as a quan(cid:16)ty less than the quan(cid:16)ty specified in the table of the NDPS Act. The remaining quan(cid:16)ty falls in an undefined category, generally called an intermediate quan(cid:16)ty. All sec(cid:16)ons in the NDPS Act specify an offence and men(cid:16)on the minimum and maximum sentence, depending upon the quan(cid:16)ty of the substance. The commercial JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 2 CRM-M-57222-2024 quan(cid:16)ty 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 the NDPS Act. When the quan(cid:16)ty is less than commercial, the restric(cid:16)ons of Sec(cid:16)on 37 of the NDPS Act will not a@ract, and the factors for bail become similar to the offence regular statutes. 11. The pe(cid:16)(cid:16)oner was granted interim protec(cid:16)on, and during the interregnum, there is no allega(cid:16)on that he had in(cid:16)midated the witnesses, hampered the inves(cid:16)ga(cid:16)on, or, despite being called to join the inves(cid:16)ga(cid:16)on, did not appear before the inves(cid:16)gator. 12.
Decision
made absolute. All pending applica(cid:16)ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 19.02.2025 Jyo1-II Whether speaking/reasoned: Whether reportable: Yes No. JYOTI 2025.02.19 15:31 I attest to the accuracy and integrity of this order/judgment. 4