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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Sukhchain Singh @ Sukh - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 19282 of 2019(O&M)
Decided On : 21-09-2021
Bail - NDPS Act - Arms Act - Section 21, 29 of the NDPS Act, Sections 25, 27 of the Arms Act - Summary of Acts and Sections: The court discussed the provisions of Section 29 of the NDPS Act and Sections 25, 27 of the Arms Act in the context of the recovery of heroin and a pistol from the petitioner. The court also considered the compliance of Sections 42 and 50 of the NDPS Act and the custody of the petitioner for about 2 years and 11 months. The court granted regular bail to the petitioner, taking into account the stage of the trial and the situation arising out of the COVID-19 pandemic.
Fact of the Case:
The petitioner sought regular bail under Section 439 Cr.P.C in a case involving the recovery of heroin and a pistol. The prosecution alleged that the petitioner was involved in narcotics trafficking and was a member of an international gang. The petitioner argued that he was not present at the spot and that the police concocted a false story to implicate him.
Finding of the Court:
The court granted regular bail to the petitioner, considering the entirety of facts and circumstances of the case on a prima facie note, the custody of the petitioner, the stage of the trial, and the situation arising out of the pandemic COVID-19. The court emphasized that the bail order did not express any opinion on the merits of the case.
Issues: The issues involved the alleged involvement of the petitioner in narcotics trafficking, the compliance of Sections 42 and 50 of the NDPS Act, and the custody of the petitioner for about 2 years and 11 months.
Ratio Decidendi: The court's decision to grant regular bail to the petitioner was based on the stage of the trial, the situation arising out of the COVID-19 pandemic, and the lack of express opinion on the merits of the case.
Final Decision: The court allowed the present petition and ordered the petitioner to be released on regular bail, subject to furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate.
JUDGMENT
Raj Mohan Singh, J. - Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.216 dated 30.08.2018 registered under Sections 21, 29 of the NDPS Act and Sections 25, 27 of the Arms Act at Police Station Gate Hakima, District Amritsar City.
2. As per prosecution case, when a motorcycle was seen coming with high speed, the police signaled the motorcyclist to stop and the motorcyclist increased the speed. Because of high speed, the motorcyclist could not turn the motorcycle at sharp corner and the motorcycle got slipped to a long distance along with the rider.
Motorcyclist got received the injuries. The motorcyclist started scuffling with the police party and during the scuffle, .32 bore fully loaded pistol fell down from his waist. Police official got suspicion and ASI with the help of his companions, apprehended the person.
On being asked, he disclosed his name as Sarabjot Singh @ Jota.
He was asked to give reason for his escape, but he could not give satisfactory answer. He also could not give any satisfactory answer about the possession of the pistol, nor was having any arms licence. Police official on the basis of suspicion searched the person and motorcycle one by one. From the seat of motorcycle, RC and other papers were recovered. On checking, one polythene bag was also recovered behind the seat. The material got sniffed and the same was found to be heroin. On weighing, the same was found to be 300 grams. The pistol and heroin were taken into police possession after due proceedings. With this background, FIR was registered.
3. Learned counsel for the petitioner submitted the following arguments:-
(i) The petitioner was not present at the spot, nor he fled away in any manner. Sarabjot Singh @ Jota was remanded in police custody and during his interrogation, he did not disclose any incriminating material against the petitioner to connect the petitioner with the alleged recovery of intoxicant material, but police in order to implicate him, concocted a false story that on 05.09.2018, Inspector Vavinder Kumar received a secret information that Sarabjot Singh @ Jota used to receive intoxicant substance from the petitioner and the petitioner could be apprehended along with intoxicant substance as he was coming towards village. On the basis of said alleged secret information, the petitioner was apprehended by the police, but no intoxicant substance was recovered from the petitioner. The police further made a concoction that mobile phone of the petitioner was searched, wherein a voice message was found, in which, he was stating that two packets of heroin have been thrown at the border, which had to be lifted by the petitioner. On the basis of alleged voice message, a police party headed by Inspector Vavinder Kumar starting making search of the fields situated in the village of Rajoke at Indo-Pak Border. It has been alleged that 1 kg 400 grams of heroin and one Pakistani sim were got recovered, on the basis of which, the petitioner was apprehended and made an accused in the present case.
(ii). Sarabjot Singh @ Jota has been granted regular bail by the High Court vide order dated 12.10.2020 passed in CRM- M No.22133 of 2019. In the aforesaid case, it has been observed by the High Court that the objection of the learned State counsel was duly met with regard to involvement of the accused in one more NDPS Act when learned counsel for the said accused Sarabjot Singh @ Jota offered to deposit bank guarantee of the property worth Rs.10 lacs with the trial Court/Duty Magistrate in addition to the bail bonds in order to show his bona fide for not misusing the concession of bail. It has also been undertaken not to create any encumbrance over the said property during trial. The Court also observed that in the undertaking to be furnished by the accused, it will be incorporated that in case, the accused is found involved in any other case and is held guilty from the date of granting bail, the property shall be co
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