Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Rajdeep Singh - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M-23627 of 2023
Decided On : 17-05-2023
NDPS Act - Regular Bail - Sections 22/61/85 of the NDPS Act, 1985 - The court discussed the provisions of the NDPS Act, particularly Section 37, and the right to a speedy trial under Article 21 of the Constitution of India. The court referred to the judgments of the Hon'ble Supreme Court in similar cases and granted bail to the petitioner based on the length of custody, the status as a first-time offender, and the absence of examination of prosecution witnesses.
Fact of the Case:
The petitioner sought regular bail in a case involving the possession of 500 bottles of Siorex Syrup under Sections 22/61/85 of the NDPS Act, 1985. The petitioner argued that the transaction was legitimate and that he was merely a transporter. The state counsel acknowledged the petitioner's custody duration and first-time offender status.
Finding of the Court:
The court granted bail to the petitioner based on the length of custody, the status as a first-time offender, and the absence of examination of prosecution witnesses.
Issues: Regular bail under the NDPS Act, 1985
Ratio Decidendi: The court considered the length of custody, the status as a first-time offender, and the absence of examination of prosecution witnesses in granting bail to the petitioner.
Final Decision: The petition for regular bail was allowed, and the petitioner was ordered to be released on bail subject to certain conditions.
JASJIT SINGH BEDI, J.
This 2nd petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.99 dated 15.05.2021 (Annexure P-1) registered under Sections 22/61/85 of the NDPS Act, 1985 at Police Station City-2 Khanna, District Khanna.
2. The brief facts of the case are that a barricade had been put up in front of Pristine Mall, Khanna, Delhi-Ludhiana Highway. At that time, from the side of Gobindgarh, one Swift car bearing No.PB-10-BN-3131 in which three young men were travelling was stopped. The driver disclosed his name as Rajdeep Singh (petitioner) son of Karamjit Singh, the person sitting on the front disclosed his name as Shiv Kumar @ Monu son of Ashok Kumar and the person sitting on the back seat disclosed his name as Gurpreet Singh son of Swaran Singh. Two heavy weight coloured plastic bags were seen on the back seat of the car. The plastic bags were searched and found to contain 500 bottles of Siorex Syrup leading to the registration of the present FIR.
3. The learned counsel for the petitioner contends that in fact, 500 bottles of Siorex Syrup were ordered to be supplied by M/s Gupta Enterprises to M/s Himalaya Drug Medicos, Baddi, Himachal Pradesh. Both the seller as well as the purchaser had valid licences for the sale and purchase of the contraband. As the bill in question had been authenticated, the further custody of the petitioner was not required as it would be a matter of adjudication during trial as to whether an offence was made out or not. Even otherwise, the petitioner was a mere transporter at best. In addition, he contends that as the petitioner was a first-time offender and had undergone 02 years custody, he was entitled to the concession of bail in view of the judgment of the Hon’ble Supreme Court in case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl.) Nos.5769/2022 arising out of judgment and order dated 04.05.2022 in CRM(NDPS) No.442/2022, decided on 01.08.2022 and followed by this Court in the case of Balraj Singh Versus State of Punjab, CRM-M-57386-2022, decided on 14.12.2022.
4. On the other hand, the learned State counsel contends that the bill in question has been found to be fictitious during collateral proceedings arising out of an anticipatory bail petition filed by a co-accused. He, however, concedes the fact that the petitioner is in custody since 02 years, is a first-time offender and none of the 14 prosecution witnesses had been examined so far.
5. I have heard the learned counsel for parties.
6. The Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Vs. The State of West Bengal SLP (Crl.) Nos.5769/2022 Decided on 01.08.2022 held as under:-
The petitioner seeks enlargement on bail in F.I.R. No. 612 of 2020 dated 17.10.2020 filed under Section 21(c) and 37 of the NDPS 2 Act, registered at Police Station Bongaon, West Bengal.
During the course of the hearing, we are informed that the petitioner has undergone custody for a period of 01 year and 07 months as on 09.06.2022. The trial is at a preliminary stage, as only one witness has been examined. The petitioner does not have any criminal antecedents.
Taking into consideration the period of sentence undergone by the petitioner and all the attending circumstances but without expressing any views in the merits of the case, we are inclined to grant bail to the petitioner.
The petitioner is accordingly, directed to be released on bail subject to him furnishing bail bonds to the satisfaction of the Trial Court.
The Special Leave Petition is disposed of on the aforestated terms.
Pending application(s), if any, shall stand disposed of.”
This Court in the case of Balraj Singh Versus State of Punjab, CRM-M-57386-2022, decide
The right to a speedy trial under Article 21 of the Constitution of India can dilute the rigors of Section 37 of the NDPS Act, particularly in cases involving first-time offenders and prolonged custo....
The right to a speedy trial and the status of the accused as a first-time offender can influence the court to relax bail provisions under the NDPS Act.
The court may grant bail under the NDPS Act even when Section 37 applies, considering the right to a speedy trial and circumstances of first-time offenders.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
