Prabhjot Singh vs State of Punjab - 2023 Supreme(P&H) 1488

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1488

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ashok Kumar Verma, J.
Prabhjot Singh – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 51388 of 2022
Decided On : 27-03-2023

Advocates appeared:
For the Parties : Mr. S.S. Gill, Mr. Jaspal Singh Guru AAG, Punjab

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22 - Bail application - Petitioner, a pillion rider, implicated in drug case, requesting regular bail based on the argument that he is not involved in any prior NDPS cases and that further custody serves no useful purpose - The Court noted the custody period and lack of involvement in other cases, deciding to grant bail. (Paras 2-6)

(B) Bail - Consideration for bail includes the nature of the accusation, custody duration, and involvement in other offenses - The Court does not comment on the merits while granting bail. (Paras 4-6)

Facts of the case:
The petitioner was arrested on 07-09-2022 under NDPS Act’s Section 22 after a police interception while he was on a motorcycle with a co-accused, who fled leaving behind illicit substances.

Findings of Court:
The petitioner is granted regular bail considering his circumstances and lack of other allegations.

Issues: The primary issues included the nature of the drug possession and whether continued detention was justified.

Ratio Decidendi: The court emphasized that bail considerations include the accused’s previous record and the nature of the offenses, ruling that the petitioner deserved bail in light of the circumstances.

Result: Petition allowed, and the petitioner is ordered to be released on bail.

Table of Content
1. factual basis for bail application. (Para 2 , 3)
2. arguments for and against bail. (Para 4 , 5)
3. court's reasoning for granting bail. (Para 6)
4. conclusion and order for bail. (Para 7)

Judgment

Mr. Ashok Kumar Verma, J.

Custody certificate filed by learned counsel for the State is taken on record.

2. The petitioner has filed the present petition under Section 439 Cr.P.C., for grant of regular bail in case FIR No. 208 dated 07.09.2022 registered under Section 22 of the NDPS Act at Police Station Sadar, Samana, District Patiala.

3. Briefly, the aforesaid FIR was registered against the petitioner and his co-accused-Avtar Singh, by name, on the basis of secret information. Co-accused/Avtar Singh and the petitioner were seen coming on a motorcycle. On seeing the police party, co-accused-Avtar Singh, fled away from the spot. The polythene bag containing 12 vials had fallen down along with mobile phone, which was recovered. Samples were sent to FSL and the contents of 12 vials have been opined to be that of codeine phosphate. The quantity of 12 vials comes 1475.16 grams which falls under the category of ‘commercial quantity’. Besides that 150 tables of CARISOMA were recovered from the conscious possession of the petitioner.

4. Learned counsel for the petitioner, inter alia, contends that the petitioner has falsely been implicated in the instant case. 150 tables of CARISOMA were shown to be recovered from the conscious possession of the petitioner. The said salt does not fall under the prohibited drugs as per the NDPS Act. The petitioner was alleged to be the pillion rider. He is in custody since 07.09.2022. The petitioner is not involved in any other case under the NDPS Act. The trial is likely to take long time. No useful purpose will be served by further detention of the petitioner in custody. Therefore, the petitioner may be released on regular bail.

5. On the other hand, learned counsel for the State vehemently opposed the submissions of learned counsel for the petitioner.

6. Keeping in view the facts and circumstances of the case, custody period of the petitioner and the fact that the petitioner was a pillion rider and is not involved in any other case under the NDPS Act, but without commenting on merits of the case, I am of the considered view that the petitioner deserves the concession of regular bail.

7. Therefore, the petition is allowed and petitioner-Prabhjot Singh, is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate concerned.

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