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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
H.S. Madaan, J.
Bachan Singh @ Kala & Ors. - Appellants
Versus
State Of Haryana - Respondent
CRM-M-26316-2021 (O&M) & CRM-M-28894-2021 (O&M)
Decided On : 26-08-2021
Narcotic Drugs and Psychotropic Substances Act - Bail - Section 15, Section 27-A - [15, 27-A] - The court dismissed the petitions for bail filed by the accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The court considered the criminal antecedents of the accused and the gravity of the offences, and concluded that their release on bail would pose a threat to public peace and tranquility. The court also highlighted the provisions of Section 37 of the Act, which restricts the release on bail for offences under Section 27-A, and the need to consider various factors while granting bail, including the accused's criminal record and the likelihood of repeating the offence.
Fact of the Case:
The accused, Bachan Singh @ Kala and Sonu, filed petitions for interim and regular bail, respectively, in a case under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The accused were found in possession of contraband and were involved in drug trafficking.
Finding of the Court:
The court found that the accused's criminal antecedents and the gravity of the offences made them ineligible for bail. The court also noted the provisions of Section 37 of the Act, which restricts bail for offences under Section 27-A, and the need to consider various factors while granting bail.
Issues: The main issue was whether the accused were entitled to bail under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, considering their criminal antecedents and the gravity of the offences.
Ratio Decidendi: The court held that the accused's criminal antecedents and the gravity of the offences were significant factors in determining their eligibility for bail. The court also emphasized the provisions of Section 37 of the Act, which restricts bail for offences under Section 27-A, and the need to consider various factors while granting bail.
Final Decision: The court dismissed the petitions for bail filed by the accused, considering their criminal antecedents, the gravity of the offences, and the provisions of Section 37 of the Act.
JUDGMENT
H.S. Madaan, J. (Oral). - Case taken up through video conferencing.
My this order shall dispose of two petitions, first one bearing No.CRM-M-26316-2021 for grant of interim bail filed by Bachan Singh @ Kala and second for regular bail bearing No.CRM-M-28894-2021 filed by Sonu, both of them being accused in FIR No.357 dated 21.09.2020, for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') (Section 27-A of the Act added later on against petitioner Sonu), registered with Police Station Sadar, Fatehabad, District Fatehabad.
Briefly stated facts of the case as per prosecution version are that, on 21.09.2020 Bachan Singh @ Kala when apprehended by the police in the area within jurisdiction of Police Station Sadar, Fatehabad was found in possession of 05 kgs and 200 gms of poppy straw; formal FIR in the matter was recorded; the accused was arrested in this case; the recovered contraband was taken into police possession; during the course of investigation, it transpired that the recovered contraband had been supplied to Bachan Singh @ Kala by accused Sonu son of Virsa Singh; he was also arrested in this case.
Both the accused had filed applications for grant of regular bail before the Court of Sessions at Fatehabad but were unsuccessful. As such, they have knocked at the door of this Court, craving for grant of similar relief. Bachan Singh @ Kala is seeking interim bail for the reason that report from FSL has not been received, whereas, his co-accused Sonu is asking for being released on regular bail. Such prayers are being opposed by learned State counsel.
I have heard learned counsel for the parties besides going through the record.
Learned counsel representing petitioner Bachan Singh @ Kala while seeking interim bail has placed reliance upon judgment Inderjeet Singh @ Laddi & Ors. Vs. State of Punjab, 2014 (3) RCR (Criminal) 953. A perusal of the judgment goes to show that though it has been observed that Presiding Officer of a Special Court dealing with NDPS cases wherever the need is felt and where the matter is being unnecessarily delayed may grant interim bail till the receipt of FSL report and thereafter considered the case after the receipt of the report but it does not mean that if the report has not been received, the accused is to be granted concession of interim bail without taking into consideration the surrounding facts and circumstances. Petitioner Bachan Singh @ Kala comes out to be a habitual criminal inasmuch as he is involved in 11 cases as mentioned in the written reply filed by the State and also in the petition for interim bail filed by the petitioner himself; 09 such cases are under NDPS Act and the petitioner having been convicted in 05 cases.
The details of such cases are as under:-
1. FIR No.449 dated 12.09.2013, under Section 15 of NDPS Act, registered at Police Station Sadar Fatehabad, District Fatehabad.
2. FIR No.486 dated 15.09.2007, under Section 15 of NDPS Act, registered at Police Station Sadar Fatehabad, District Fatehabad.
3. FIR No.106 dated 22.03.2010, under Section 15 of NDPS Act, registered at Police Station Sadar Fatehabad, District Fatehabad.
4. FIR No.383 dated 07.07.2001, under Section 15 of NDPS Act, registered at Police Station Sadar Fatehabad, District Fatehabad.
5. FIR No.287 dated 16.07.2004, under Section 15 of NDPS Act, registered at Police Station Sadar Fatehabad, District Fatehabad.
6. FIR No.344 dated 31.08.2018, under Section 15 of NDPS Act, registered at Police Station Sadar Fatehabad, District Fatehabad.
7. FIR No.25 dated 14.01.2017, under Section 15 of NDPS Act, registered at Police Station Sadar Fatehabad, District Fatehabad.
8. FIR No.15 dated 19.02.2015, under Section 15 of NDPS Act, registered at Police Station Sardoolgarh.
9. FIR No.439 dated 12.11.2010, under Sections 15 and 27-A of NDPS Act, registered at Police Station Ratia, District Fatehabad.
10.FIR No.211 dated 25.05.2004, under Section 61 of Excise Act, register
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