Kashmir Singh vs State of Punjab - 2023 Supreme(P&H) 1781

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1781

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harpreet Singh Brar, J.
Kashmir Singh – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 28690 of 2023
Decided On : 06-06-2023

Advocates appeared:
For the Parties : Mr. Ramesh Chand Sharma, Ms. Ishma Randhawa AAG, Punjab

Headnote:(A) NDPS Act, 1985 - Section 18/61 - Bail application - Petitioner sought regular bail for charges under the NDPS Act regarding possession of opium, which constitutes non-commercial quantity; state opposed bail citing habitual offender status - Supreme Court precedent discussed stating prior allegations alone do not suffice for bail rejection - Petitioner in custody since January 30, 2023, with trial not imminent. (Paras 1, 3, 5, 6)

(B) Bail - Grant of bail - Court noted circumstances of the case not warranting further detention during trial, allowing bail while avoiding prejudgment of case merits. (Paras 4, 6)

Facts of the case:
The petitioner, along with co-accused, was implicated in a case involving the recovery of 1 kg 500 grams of opium based on secret information. The petitioner is a habitual offender but has been acquitted in a previous case and is on bail in another.

Findings of Court:
The court found no reason to deny bail given the custody duration and lack of trial progress.

Issues: The major issues included whether the nature of the offenses and past case history justified bail denial.

Ratio Decidendi: It was ruled that the suspicion of habitual offense and previous allegations should not alone dictate bail decisions, emphasizing the principle of individual assessment of each case.

Result: Petition allowed; the petitioner granted bail.

Table of Content
1. petitioner seeks bail under ndps act. (Para 1)
2. fir based on secret information. (Para 2)
3. details of opium recovery from petitioner. (Para 3)
4. opposition to bail due to habitual offending. (Para 4)
5. supreme court precedent on bail considerations. (Para 5)
6. bail granted due to trial delays. (Para 6)

Judgment

Mr. Harpreet Singh Brar, J.

The petitioner has approached this Court by filing the petition under Section 439 Cr.P.C. seeking regular bail in a case bearing FIR No.15 dated 30.01.2023 under Sections 18 /61 of the NDPS Act, 1985 registered at Police Station Sujanpur, District Pathankot.

2. Learned counsel for the petitioner inter alia contends that the present FIR was lodged on the basis of secret information and petitioner along with two other accused, namely, Gurdit Singh and Nirval Singh were named as accused.

3. On the basis of secret information, the petitioner along with two other co-accused were apprehended and the Investigating Officer SI Harjinder Singh recovered 1 kg 500 grams of opium from the polythene bag carried by the petitioner. The recovery from the petitioner falls under the non-commercial quantity and as such the embargo under Section 37 (1) (b) of the NDPS Act would not be attracted. The petitioner is stated to be involved in two more cases under the NDPS Act and he has been acquitted in one case and in another case, he is already on bail.

4. The learned State counsel opposes the grant of regular bail to the petitioner on the ground that he is a habitual offender and earlier also, he has already been involved in a case under the NDPS Act.

5. Heard counsel of both the parties and perused the records. The Hon’ble Supreme Court in Prabhakar Tewari Vs. State of U.P. , 2020 (11) SCC 648 and Maulana Mohd. Amir Rashadi Vs. State of UP and another (2012) 2 SCC 382, has categorically held that the allegation of grave and serious offence and pendency of several cases against the accused cannot be the only basis to refuse prayer of bail.

6. Keeping in view that the petitioner is in custody since 30.01.2023 and there is no likelihood of trial being concluded in the near future, no useful purpose shall be served by further detention of the accused-petitioner. Thus, without commenting upon the merits of the case lest it may prejudice the outcome of the trial. The present petition is allowed and the petitioner is ordered to be released on regular bail during the pendency of trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. The petition stands disposed of accordingly.

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