Abhay Mondal v. The State of West Bengal SLP
Case Details
CRM-M-65395-2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229 CRM-M-65395-2024 (O&M) Date of decision: 23.05.2025 Jaspal Singh Sidhu @ Jassa @ Jassi @ Mala State of Haryana Versus ....Petitioner ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Nishant Sehgal, Advocate for Mr. K.S. Brar, Advocate for the petitioner.
Legal Reasoning
“20. The standard to be considered therefore, is one, where the court would look at the material in a broad manner, and reasonably see whether the accused’s guilt may be proved. The judgments of this court have, therefore, emphasized that the satisfaction which courts are expected to record, i.e., that the accused may not be guilty, is only prima facie, based on a reasonable reading, which does not call for meticulous examination of the materials collected during investigation (as held in Union of India v. Rattan Malik). Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too (ref. Satender Kumar Having regard to these factors the court is of Antil supra). the opinion that in the facts of this case, the appellant deserves to be enlarged on bail. 21. Before parting, it would be important to reflect that laws which impose stringent conditions for grant of bail, may be necessary in public interest; yet, if trials are not concluded in time, the injustice wrecked on the individual is immeasurable. Jails are overcrowded and their living conditions, more often than not, appalling.” (emphasis added) 9. A two Judge Bench of Hon’ble Supreme Court in “Satender Kumar Antil vs. CBI”, (2022) 10 SCC 51, with respect to prevailing conditions of undertrial prisoner in India has observed: “6. Jails in India are flooded with undertrial prisoners. The statistics placed before us would indicate that more than 2/3rd of the inmates of the prisons constitute undertrial prisoners. Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offence, being charged with offences punishable for seven years or less. They are not only poor and illiterate but also would include women. Thus, there is a culture of offence being inherited by many of them. As observed by this Court, it certainly exhibits the MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-65395-2024 6 mindset, a vestige of colonial India, on the part of the investigating agency, notwithstanding the fact arrest is a draconian measure resulting in curtailment of liberty, and thus to be used sparingly. In a democracy, there can never be an impression that it is a police State as both are conceptually opposite to each other.” 10. In view the discussion above, the present petition is allowed. Accordingly, without commenting upon the merits of the case, the petitioner namely Jaspal Singh Sidhu @ Jassa @ Jassi @ Mala, is ordered to be released on regular bail during pendency of the trial, on furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court/Duty Magistrate. 11. Nothing observed hereinabove shall be construed to be expression of an opinion by this Court on merits of the case. The learned Court below is directed to proceed with the matter on its own merits, lest it may prejudice the trial. (HARPREET SINGH BRAR) JUDGE 23.05.2025 yakub Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh
Arguments
Mr. Vikas Bhardwaj, AAG, Haryana. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this 2nd petition filed under Section 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.120 dated 18.04.2020 registered under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘the NDPS Act’) at Police Station Civil Lines, Sirsa, District Sirsa. 1.1. The 1st petition filed by the petitioner seeking the same relief was dismissed as withdrawn on 21.04.2023 and this 2 nd petition has been filed on the ground that the case of the petitioner is squarely covered by the judgment of the Hon’ble Supreme Court in Nandlal Mondal @ Abhay Mondal Vs. The State of West Bengal SLP (Crl.) No(s).12788/2023. 2. As per the prosecution case, on 18.04.2020, during COVID-19 duty near Delhi Bridge in Sirsa, the police officials, MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-65395-2024 2 including SI Satbir Singh, attempted to stop a suspicious white Polo car coming from Fatehabad side. The driver tried to flee from the spot, but the police chased and stopped the vehicle near Sector 19, HUDA. Thereafter, two individuals sitting in the car were identified as Jagsir Singh and Jaspal Singh. After informing them of their rights under Section 50 of the NDPS Act, both requested to be searched in the presence of a Gazetted Officer. Thereafter, Sh. Ravi Manga, a Gazetted Officer, was called at the spot. Personal search of both the said individuals revealed nothing, but a search of the car led to the recovery of 287 grams of heroin concealed near the gear lever. The heroin was sealed and seized as per procedure. Thereafter, the FIR (supra) was registered. 3. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case and is in custody since 18.04.2020. He further submits that no contraband was recovered from the personal search of the petitioner, and the recovery was allegedly made from a concealed compartment of the vehicle. Further, there is no evidence on record to establish the conscious and exclusive possession of the contraband by the petitioner. 4. Learned counsel for the petitioner further submits that there are total 15 prosecution witnesses cited in the list of witnesses, out of which, no PW has been examined till date and the trial is likely to take long time in conclusion. MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-65395-2024 3 5. Per contra, learned State counsel has filed custody certificate today in the Court which is taken on record and he opposes the prayer made by learned counsel for the petitioner on the ground that huge quantity of contraband was recovered, which falls within the ambit of commercial quantity and as such, the petitioner is not entitled to any relief. 6. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner is behind the bars from the last 02 years, 01 months and 14 days. Investigation is complete. The final report under Section 173 Cr.P.C. was presented before the concerned Court. Charges were framed and trial of the case has not made much progress. Out of 15 prosecution witnesses, no PW has been examined so far. 7. A two Judge bench of the Hon’ble Supreme Court in Nandlal Mondal @ Abhay Mondal’s case (supra), released the accused on bail after completion of 18 months of custody on account of protracted trial in NDPS case involving commercial quantity of contraband. Reliance in this regard can also be placed upon the judgments rendered by the Hon’ble Supreme Court passed in Md. Aliul Islam @ Aliul Islam @ Alius Vs. The State of West Bengal SLP (Crl.) No. 000736/2024, Debrata Mondal Vs. State of West Bengal SLP(Crl.) No. 14970-2023, Santarul Islam @ Santa Vs. The State of West Bengal SLP(Crl.) No. 13169/2023, Indrajit Mondal @ Piglu Vs. The State of West Bengal SLP(Crl.) No. 8512/2023, Narjul Islam @ MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-65395-2024 4 Najbul Hoque Vs. The State of West Bengal SLP(Crl.) No. 14172/2023, Subhashri Das @ Rana @ Subhoshree Vs. The State of West Bengal SLP(Crl.) No.15284/2023, Mithun Sk. & Anr. Vs. The State of West Bengal SLP (Crl.) No.016598/2023, SK. Nasiruddin @ Nasirddin SK. Vs. State of West Bengal SLP (Crl.) No.003402/2024, Indadul Shah Vs. The State of West Bengal SLP(Crl.) No. 12670/2023 , Hanef Kharsani @ Hanef Sheikh Vs. Union of India, Ripon Seikh & Ors. Vs. State of West Bengal SLP(Crl.) No. 16663/2023, Moidul Sarkar Vs. The State of West Bengal SLP(Crl).No. 15668/ 2023, Saniya Bibi @ Soniya Bibi Vs. The State of West Bengal SLP(Crl.) No. 2354/2024, Saddam Hossain Vs. State of West Bengal SLP(Crl.) No. 15496/2023, Bijon SK @ Golam Murselim Vs. The State of West Bengal SLP (Crl.) No. 6046/2024 and Subhas Vs. The State of West Bengal SLP(Crl.) No. 8823/2019. 8. Further, the culpability, if any, would be determined at the time of trial and as such, no useful purpose will be served by further detention of the petitioner-accused. Keeping the petitioners in further detention without the prospect of the trial being concluded in the near future, would be violative of their rights under Article 21 of the Constitution of India. A two Judge bench of the Hon’ble Supreme Court in Mohd. Muslim @ Hussain vs. State (NCT of Delhi) 2023 AIR SC 1648, has held that the concept of fairness enshrined under Article 21 of the Constitution of India would trump the bar on granting bail in cases involving commercial quantity of contraband, as stipulated by Section MOHD YAKUB 2025.05.23 16:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-65395-2024 5 37 of the NDPS Act. Speaking through Justice S. Ravindra Bhat, has opined as follows: