Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 477

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Ladwinder Singh @ Laddi – Appellant
Versus
State Of Punjab – Respondent
CRM-M-44383-2022 (O&M)
Decided On : 23-01-2023

Advocates appeared:
Mr. Parminder Singh Sekhon, Advocate, for the Appellant; Mr. Maninder Singh Bajwa, DAG, Punjab., for the Respondent

The Court can relax the provisions of Section 37 of the NDPS Act and consider the grant of bail for a first time offender with a recovery marginally above the commercial quantity.

Headnote:
NDPS Act - Bail - Marginally above commercial quantity of contraband - Relaxation of Section 37 - First time offender
Fact of the Case:

The petitioner sought regular bail in a case involving the recovery of 2 kgs. 700 grams of opium from the car he was driving. He claimed to be falsely implicated and argued for bail due to the recovery being marginally above the commercial quantity.
Finding of the Court:

The Court considered previous cases where bail was granted for recoveries marginally above commercial quantity and relaxed the provisions of Section 37 of the NDPS Act. The petitioner, being a first time offender with no other NDPS Act cases, was granted bail.
Issues: Grant of regular bail under Section 439 Cr.P.C. in a case involving recovery of contraband marginally above commercial quantity.
Ratio Decidendi: The Court can relax the provisions of Section 37 of the NDPS Act and consider the grant of bail for a first time offender with a recovery marginally above the commercial quantity.
Final Decision: The petition was allowed, and the petitioner was ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned, with additional conditions.

JUDGMENT

Jasjit Singh Bedi, J. (Oral) - The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.60 dated 26.04.2022 under Sections 18-C of the NDPS Act registered at Police Station Sangat, District Bathinda.

2. The brief facts of the case are that while the police party was on patrolling duty a white coloured car came from Dabwali side. It was signalled to stop for checking. There were two persons in the car. The driver of the car disclosed his name as Ladwinder Singh @ Laddi (petitioner) and the persons sitting on the conductor seat disclosed his name as Badal Singh @ Bagi. One black coloured polythene was seen lying between both of them near the hand brake. On the search and seizure of the same, after following the proper procedure as envisaged under the NDPS Act, it was found to contain 2 kgs. 700 grams of opium.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case by the police officials. In fact, the petitioner was working with CIA Staff-I, Bathinda as an informer. The recovery has been planted upon the petitioner after mixing the Bourn Vita, other biscuits and cough syrups. Since the recovery was of contraband marginally above the commercial quantity i.e. 2 kgs. 500 grams of opium, the petitioner was entitled to the grant of bail.

4. The learned counsel for the State, on the other hand, contends that the petitioner is not entitled to the grant of bail as commercial quantity of contraband was recovered from the vehicle of which the petitioner was a driver. The offences of this kind are on the rise and no sympathy ought to be shown to the petitioner. Moreso, when Section 37 of the NDPS Act would be attracted.

5. I have heard the learned counsel for the parties.

6. In the case of 'Hari Yadav @ Haiya versus State of Punjab (CRM-M-37645-2021)', where the recovery was of 2 kgs. 600 grams of opium, the petitioner was granted the concession of bail vide order dated 11.02.2022. In the case of ' Jang Kanwar Versus State of Punjab (CRM-M-53415-2021)' where the recovery was of 2 kgs. 700 grams of opium, the petitioner was granted the concession of bail vide order dated 19.01.2022. Similarly, in the cases titled as ' Shankar Prashad Chanau Versus The State of Punjab, CRM-M-24090-2020, decided on 27.08.2020, Gurpreet Kumar Versus State of Punjab, CRM-M-17021-2021, decided on 31.08.2021, Sukhchain Singh @ Manga Versus State of Punjab, CRM-M-7857-2022, decided on 04.04.2022, Salim Versus State of Haryana, CRM-M-424362020, decided on 24.02.2021, Gagandeep Versus State of Punjab, CRM-M-3055-2021, decided on 27.01.2021, Gurpreet Singh @ Gopi Versus State of Punjab, CRM-M-41039-2019, decided on 26.02.2020 and Dalbara Singh Versus State of Punjab, CRM-M-47880-2022 decided on 16.01.2023', where the recovery from the accused was marginally above the commercial quantity, the Court granted bail to the accused therein.

7. In the present case, the alleged recovery from the petitioner is 2 kgs. 700 grams of opium, which is marginally above the commercial quantity of 2 kgs. 500 grams. The petitioner is a first time offender with no other case under the NDPS Act registered against him. In this situation, the provisions of Section 37 of the NDPS Act can be relaxed to an extent and the case of the petitioner can be considered for the grant of bail, moreso, when he is in custody since 26.04.2022 and none of the 13 prosecution witnesses have been examined so far.

8. Thus, without commenting upon the merits of the case, the present petition is allowed and the petitioner, namely, Ladwinder Singh @ Laddi is ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned.

9. The petitioner shall appear on the first Monday of every month before the police station concerned till the conclusion of the trial and furnish an affidavit each time that he is not involved in any other case except the present on

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