ANTAR SINGH STATE OF PUNJAB STATE OF v. Versus
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH AT CHANDIGARH 226 28.07.2025 Date of Decision: 28.07.2025 ANTER SINGH @ ANTAR SINGH ANTER SINGH @ ANTAR SINGH STATE OF PUNJAB STATE OF Versus Versus 239 2024 CRM-M-63392-2024 ...Petitioner ...Petitioner ...Respondent ...Respondent CRM-M-23908-2025 NACHATAR SINGH @ SATRI NACHATAR SINGH @ SATRI STATE OF PUNJAB STATE OF Versus Versus ...Petitioner ...Petitioner ...Respondent ...Respondent
Legal Reasoning
RAJESH BHARDWAJ CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ CORAM: Present: Mr. Laghuinder Singh Sekhon, Advocate, Mr. Laghuinder Singh Sekhon, Advocate, for the petitioner Mr. P.S. Sekhon, Advocate for the petitioner in CRM-M-63392-2024. Mr. Abhishek Singh, Advocate for the petitioner Mr. Abhishek Singh, Advocate for the petitioner in CRM-M-63392-2024. Ms. Simran Goria, AAG, Punjab. Ms. Simran Goria, AAG, Punjab. ***** RAJESH BHARDWAJ, J. (Oral) RAJESH BHARDWAJ 1. This order will dispose of above mentioned petitions as both arise This order will dispose of above mentioned petitions as both arise This order will dispose of above mentioned petitions as both arise out of a common FIR. out of a common FIR. 2. approached this Court by way of present petitions approached this Court by way of present petition Petitioners have approached this Court by way of present petition under praying for granting regular bail in case FIR No.36 dated 24.03.2024 under praying for granting regular bail in case FIR No. praying for granting regular bail in case FIR No. Sections 22(C 22(C) and 29 of NDPS Act, 1905 registered at Police Station of NDPS Act, 1905 registered at Police Station Nehianwala, District Bathinda. Nehianwala, District Bathinda 3. Succinctly, facts of the case are that the police party while on facts of the case are that the police party while on patrolling when reached near Goniana Mandi from patrolling when reached near at about Mandi from Delhi Public School at about MOHIT 2025.07.29 07:00 CRM-M- CRM-M- -63392-2024 -23908-2025 -2- 5.00 PM, they saw a , they saw a white Swift Dzire car on the slip road. On Swift Dzire car was parked on the slip road. On found suspicion they stopped their vehicle. On opening the door of the car they found suspicion they stopped their vehicle. On opening the door of the car they suspicion they stopped their vehicle. On opening the door of the car they two persons sitting on the back seat, counting two persons counting strips lying on the back seat in strips lying on the back seat in a transparent polythene bag. They were suspected to transparent polythene of some spected to be in possession of some they were given offer to be searched. On asking they contraband and thus they were given offer to be searched. On asking they they were given offer to be searched. On asking they contraband and thus disclosed their names as Anter Singh @ Antar Singh (petitioner in CRM- disclosed their names as Anter Singh @ Antar Singh (petitioner in CRM disclosed their names as Anter Singh @ Antar Singh (petitioner in CRM -M- 2025). 2024) and Nachatar Singh @ Satri (petitioner in CRM-M-23908-2025). 2024) and Nachatar Singh @ Satri (petitioner in CRM 63392-2024) and Nachatar Singh @ Satri (petitioner in CRM taken he search was conducted and the tablets which were lying visible, were taken he search was conducted and the tablets which The search was conducted and the tablets which into possession and on counting the same, into possession and on counting the same, strip containing 10 250 strips, each strip containing 10 Thus on the of Tramadol Hydrocholoride Tablets were recovered. Thus on the of Tramadol Hydrocholoride Tablets tablets, of Tramadol Hydrocholoride Tablets h were arrested on the spot. The investigation registration of the FIR, both were arrested on the spot. The investigation h were arrested on the spot. The investigation registration of Both the petitioners approached before the commenced, challan was presented. Both the petitioners approached before the Both the petitioners approached before the commenced, challan learned Judge Special Court, Bathinda for grant of regular bail, however, after learned Judge Special Court, Bathinda for grant of regular bail, however, after learned Judge Special Court, Bathinda for grant of regular bail, however, after learned Judge Special Court, Bathinda for grant of regular bail, however, after ame vide order dated hearing both the sides, the learned Court declined the same vide order dated hearing both the sides, the learned Court declined t hearing both the sides, the learned Court declined t Hence, the petitioners have approached 05.11.2024 and 08.07.2024 respectively. Hence, the petitioners have approached Hence, the petitioners have approached 05.11.2024 and 08.07.2024 respectively. this Court for the grant of regular bail by way of filing the present petitions. this Court for the grant of regular bail by way of filing the present petitions. this Court for the grant of regular bail by way of filing the present petitions. this Court for the grant of regular bail by way of filing the present petitions. g for Aggrieved by the same the petitioners have approached this Court praying for Aggrieved by the same the petitioners have approached this Court prayin Aggrieved by the same the petitioners have approached this Court prayin grant of bail by way of filing the present petitions. grant of bail by way of filing the present petitions. grant of bail by way of filing the present petitions. 4. Learned counsel for the petitioners have submitted that the Learned counsel for the petitioners have submitted that the Learned counsel for the petitioners have submitted that the petitioners have been falsely and frivolously implicated in the present case. It is petitioners have been falsely and frivolously implicated in the present case. It is petitioners have been falsely and frivolously implicated in the present case. It is petitioners have been falsely and frivolously implicated in the present case. It is n is totally a cock and bull story submitted that the story made by the prosecution is totally a cock and bull story submitted that the story made by the prosecutio submitted that the story made by the prosecutio and the case has been planted on the petitioners. They submit that the recovery in and the case has been planted on the petitioners. They submit that the recovery in and the case has been planted on the petitioners. They submit that the recovery in and the case has been planted on the petitioners. They submit that the recovery in the present case has been effected from a public place, however, no independent the present case has been effected from a public place, however, no independent the present case has been effected from a public place, however, no independent the present case has been effected from a public place, however, no independent ion of Section 50 of the has been joined and thus there is a blatant violation of Section 50 of the has been joined and thus there is a blatant violat witness has been joined and thus there is a blatant violat NDPS Act. They further submit that the petitioners have no criminal antecedents. t. They further submit that the petitioners have no criminal antecedents. petitioners have no criminal antecedents. the petitioners They further submits that there is no progress in the trial, despite the petitioners They further submits that there is no progress in the trial, despite They further submits that there is no progress in the trial, despite are languishing in jail from the last more than one year. Thus, t are languishing hey have submitted in jail from the last more than one year. Thus, they have submitted MOHIT 2025.07.29 07:00 CRM-M- CRM-M- -63392-2024 -23908-2025 -3- that in the overall facts and circumstances of the case, the petitioners deserve to be that in the overall facts and circumstances of the case, the petitioners deserve to be that in the overall facts and circumstances of the case, the petitioners deserve to be that in the overall facts and circumstances of the case, the petitioners deserve to be granted bail. granted bail. 5. Learned State counsel has vehemently opposed the submission made Learned State counsel has vehemently opposed the submission made Learned State counsel has vehemently opposed the submission made by counsel for the petitioners. She submits that as per the FSL report, the by counsel for the petitioners. She submits that as per the FSL report, the by counsel for the petitioners. She submits that as per the FSL report, the by counsel for the petitioners. She submits that as per the FSL report, the contraband that is Tramadol Hydrocholoride, which was recovered from the contraband that is Tramadol Hydrocholoride, which was recovered from the contraband that is Tramadol Hydrocholoride, which was recovered from the contraband that is Tramadol Hydrocholoride, which was recovered from the petitioners was found to be 482.500 gm, which petitioners was found to be 482.500 within the category of , which falls within the category of ovisions of Section 37 of the NDPS Act are commercial quantity and thus, provisions of Section 37 of the NDPS Act are ovisions of Section 37 of the NDPS Act are commercial quantity and thus, pr attracted. She further submits that out of 30 prosecution witnesses, only one attracted. She further submits that out of 30 prosecution witnesses, only one attracted. She further submits that out of 30 prosecution witnesses, only one attracted. She further submits that out of 30 prosecution witnesses, only one witness has been examined. She has placed on record the custody certificates of witness has been examined. She has placed on record the custody certificates of witness has been examined. She has placed on record the custody certificates of witness has been examined. She has placed on record the custody certificates of the petitioners. the petitioners. 6. the parties, it is deciphered that the After hearing learned counsel for the parties, it is deciphered that the After hearing learned counsel for petitioners were arrested on 24.03.2024. The recovery effected from the petitioners were arrested on 24.03.2024. The recovery effected from the petitioners were arrested on 24.03.2024. The recovery effected from the petitioners were arrested on 24.03.2024. The recovery effected from the petitioners as per FSL report is 482.500 gm petitioners as per FSL report is 482.500 of Tramadol Hydrochloride and only gm of Tramadol Hydrochloride and only y certificate one witness has been examined out of 30 witnesses and the custody certificate one witness has been examined out of 30 witnesses and the custod one witness has been examined out of 30 witnesses and the custod would reflect that petitioners have suffered incarceration of 01 year 03 months and would reflect that petitioners have suffered incarceration of 01 year 03 months and would reflect that petitioners have suffered incarceration of 01 year 03 months and would reflect that petitioners have suffered incarceration of 01 year 03 months and 28 days. 7. Mohd Muslim @ Hussain As held by the Hon'ble Supreme Court in Mohd Muslim @ Hussain As held by the Hon'ble Supreme Court in , this Court is of the opinion that Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260, this Court is of the opinion that Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260 Vs. State (NCT of Delhi), 2023 LiveLaw(SC)260 the case of the petitioner is covered by the ratio of law laid down by the Hon'ble the case of the petitioner is covered by the ratio of law laid down by the Hon'ble the case of the petitioner is covered by the ratio of law laid down by the Hon'ble the case of the petitioner is covered by the ratio of law laid down by the Hon'ble Supreme Court. In the abovesaid case, Hon'ble Supreme Court expressed its views Supreme Court. In the abovesaid case, Hon'ble Supreme Court expressed its views Supreme Court. In the abovesaid case, Hon'ble Supreme Court expressed its views Supreme Court. In the abovesaid case, Hon'ble Supreme Court expressed its views as under:- 19. A plain and literal interpretation of the conditions under 19. A plain and literal interpretation of the conditions under 19. A plain and literal interpretation of the conditions under that Court should be satisfied that the accused is Section 37 (i.e., that Court should be satisfied that the accused is that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively not guilty and would not commit any offence) would effectively not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention exclude grant of bail altogether, resulting in punitive detention exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention as well. Therefore, the only and unsanctioned preventive detention as well. Therefore, the only and unsanctioned preventive detention as well. Therefore, the only which such special conditions as enacted under Section manner in which such special conditions as enacted under Section which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where 37 can be considered within constitutional parameters is where 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the the court is reasonably satisfied on a prima facie look at the the court is reasonably satisfied on a prima facie look at the MOHIT 2025.07.29 07:00 CRM-M- CRM-M- -63392-2024 -23908-2025 -4- material on record (whenever the bail application is made) that material on record (whenever the bail application is made) that material on record (whenever the bail application is made) that d is not guilty. Any other interpretation, would result in the accused is not guilty. Any other interpretation, would result in d is not guilty. Any other interpretation, would result in complete denial of the bail to a person accused of offences such as complete denial of the bail to a person accused of offences such as complete denial of the bail to a person accused of offences such as those enacted under Section 37 of the NDPS Act. those enacted under Section 37 of the NDPS Act. 20 xxxxx 21 .....it would be important to reflect that laws which impose 21 .....it would be important to reflect that laws which impose 21 .....it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public stringent conditions for grant of bail, may be necessary in public stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice interest; yet, if trials are not concluded in time, the injustice interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable. wrecked on the individual is immeasurable. 22 xxxxx 23. There is a further danger of the prisoner turning to crime, “as 23. There is a further danger of the prisoner turning to crime, “as 23. There is a further danger of the prisoner turning to crime, “as me not only turns admirable, but the more professional the crime not only turns admirable, but the more professional the me not only turns admirable, but the more professional the crime, more honour is paid to the criminal”22 (also see Donald crime, more honour is paid to the criminal”22 (also see Donald crime, more honour is paid to the criminal”22 (also see Donald Clemmer’s ‘The Prison Community’ published in 194023). Clemmer’s ‘The Prison Community’ published in 194023). Clemmer’s ‘The Prison Community’ published in 194023). where the accused Incarceration has further deleterious effects–where the accused Incarceration has further deleterious effects weakest economic strata: immediate loss of belongs to the weakest economic strata: immediate loss of weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as livelihood, and in several cases, scattering of families as well as livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts loss of family bonds and alienation from society. The courts loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the therefore, have to be sensitive to these aspects (because in the therefore, have to be sensitive to these aspects (because in the al, the loss to the accused is irreparable), and event of an acquittal, the loss to the accused is irreparable), and al, the loss to the accused is irreparable), and especially in cases, where special laws enact ensure that trials–especially in cases, where special laws enact especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily.' stringent provisions, are taken up and concluded speedily.' 8. The veracity of the allegations would be assessed only after the The veracity of the allegations would be assessed only after the The veracity of the allegations would be assessed only after the of the trial and on the appreciation of evidence to be led by both the conclusion of the trial and on the appreciation of evidence to be led by both the of the trial and on the appreciation of evidence to be led by both the conclusion parties before the trial Court. This Court would refrain itself from commenting parties before the trial Court. This Court would refrain itself from commenting parties before the trial Court. This Court would refrain itself from commenting parties before the trial Court. This Court would refrain itself from commenting anything on the merits of the case. The trial of the case will take sufficient long anything on the merits of the case. The trial of the case will take sufficient long anything on the merits of the case. The trial of the case will take sufficient long anything on the merits of the case. The trial of the case will take sufficient long in view the arguments raised by both the sides, this Court is of time. Thus, keeping in view the arguments raised by both the sides, this Court is of in view the arguments raised by both the sides, this Court is of time. Thus, keeping in making out a case the opinion that learned counsel for the petitioners succeed in making out a case the opinion that learned counsel for the petitioner the opinion that learned counsel for the petitioner for grant of regular bail to the petitioners. for grant of regular bail to the petitioner 9. ered to be Accordingly, the present petitions are allowed and are ordered to be Accordingly, the present petition furnishing bail/surety bonds to the satisfaction of the released on bail on their furnishing bail/surety bonds to the satisfaction of the furnishing bail/surety bonds to the satisfaction of the released on bail on MOHIT 2025.07.29 07:00 concerned trial Court/Duty Magistrate. concerned trial Court/Duty Magistrate. CRM-M- CRM-M- -63392-2024 -23908-2025 -5- 10. at in case the petitioner does not furnish It is being clarified that in case the petitioner does not furnish at in case the petitioner does not furnish It is being clarified th oday, his custody will bail/surety bonds within a period of one week from today, his custody will bail/surety bonds within a period of one week from t bail/surety bonds within a period of one week from t be counted in the present case after one week. be counted in the present case after one week. be counted in the present case after one week. 11. Nothing said herein shall be treated as an expression of opinion Nothing said herein shall be treated as an expression of opinion Nothing said herein shall be treated as an expression of opinion on the merits of the case. on the merits of the case. July 28, 2025 July 28, 2025 Mohit Bishnoi (RAJESH BHARDWAJ) JUDGE speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable Yes/No Yes/No MOHIT 2025.07.29 07:00