Harkirat Singh @ Kirat vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1718

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harsh Bunger, J.
Harkirat Singh @ Kirat – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 43834 of 2021
Decided On : 07-07-2023

Advocates appeared:
For the Parties :Dr. Anmol Rattan Sidhu Senior, Advocate, Mr. Harlove Singh Rajput, Mr. Gurshar Singh Dhillon, Mr. Harjinder S. Sidhu AAG, Punjab

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22 - Code of Criminal Procedure, 1973 - Section 439 - Grant of bail - Petitioner seeks regular bail after being in custody since 28.07.2021 for possessing contraband classified as commercial quantity - Investigation complete and charges framed; trial is not likely to conclude in the near future - In absence of criminal antecedents and consideration of other bail precedents, bail granted despite Section 37 bar being applicable. (Paras 1, 8, 17, 18)

(B) Bail Principles - While Section 37 applies, the court's role is not to assess guilt but to ascertain if reasonable grounds exist to believe the accused is not guilty - Factors include duration of custody, completion of investigation, and lack of prior criminal record. (Paras 10-19)

Facts of the case:
The petitioner was arrested with 275 injections of Buprenorphine and Avil, claimed to be involved in a drug procurement network, and has been in custody since his arrest on 28.07.2021 - Initially charged under Sec 22 of NDPS Act, the additional charge under Sec 29 was included later when co-accused were found with similar contraband.

Findings of Court:
The petitioner's prolonged custody without conviction, his lack of criminal history, and the status of the trial warrant granting bail with conditions on conduct.

Issues: Addressing the possibility of bail under NDPS Act considerations such as commercial quantity and the implications of custody and trial timelines.

Ratio Decidendi: The Court found compelling reasons to allow bail given the petitioner’s circumstances and based on precedent, distinguishing his case from automatic denial under NDPS Sec 37 due to reasonable grounds for belief in non-guilt.

Result: Petition allowed; the petitioner is granted bail under specified conditions.

Table of Content
1. application for regular bail under cr.p.c. (Para 1 , 2 , 3)
2. details of alleged recovery and initial investigation (Para 4 , 5)
3. arguments for and against bail application (Para 6 , 7)
4. court's consideration of previous supreme court rulings (Para 8 , 9)
5. assessment of time in custody and trial completion (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)
6. decision to grant bail considering circumstances (Para 17 , 18)
7. final order and conditions for bail (Para 19 , 20 , 21 , 22)

Judgment

Mr. Harsh Bunger, J.

Prayer in the present petition, filed under Section 439 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’), is for grant of regular bail to the petitioner in case FIR No.179 dated 28.07.2021, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station City Nawanshahr, District SBS Nagar.

2. Status report by way of an affidavit of Sh. Davinder Singh, P.P.S., Deputy Superintendent of Police, Nawanshahar Sub Division, District Shaheed Bhagat Singh Nagar, on behalf of respondent-State of Punjab, has been filed, which is already on record.

3. Custody certificate dated 22.04.2023 of the petitioner filed by learned State counsel, in the Court has been taken on record vide order dated 24.04.2023.

4. Briefly, the above-said case FIR was registered on the complaint of one Palwinder Singh, ASI, CIA Staff, Nawanshahr, wherein, he has stated that an information was received from Husaan Lal, ASI that he along with the police party had stopped one clean shaven motorcycle rider along with one bag near bypass of Village Sona Maur and since, there was a suspicion regarding some intoxicant object therein; accordingly, he asked to send some competent officer for further action. Thereafter, the Incharge of CIA staff had assigned the duty to the complainant-Palwinder Singh, ASI; whereupon, he along with other fellow employees started towards bypass of Village SonaMaur and Mr. Savinderpal Singh, PPS, Deputy Superintendent of Police, Sub Division Nawanshahr, was also asked to reach at the spot. Upon reaching at the spot, the apprehended person was produced by Hussan Lal before the complainant/ASI and DSP. After complying with the procedure regarding offer of search etc., said person disclosed his name as Harkirat Singh alias Kirat (petitioner) son of Sukhdev Singh and after carrying out the search of the petitioner/his bag, the following intoxicant injections were recovered :-

“Packing of 5/5 total 55 strips in which 275 injections of Buprenorphine Injection IP LEEGESIC having batch No.DA 267, Mfg. Date MAY-2021, Exp. Date APR-2023, each weighing 2 ML and 275 injections of Avil weighing 10 ml. each of which 225 vaccine batch number 2121087, Mfg. Date MAR-2021, Exp. Date FEB-2024 is recorded and batch number of 50 drug injections is 0421022, Mfg. Date 05-2021, Exp. Date 04-2024 is recorded Exported. Buprenorphine Injections IP LEEGESIC 275 Vaccine Avil 10 ML each.”

Accordingly, the FIR in question was registered and the petitioner was arrested.

5. As per the status report, during interrogation, the petitioner is stated to have disclosed that he is a drug addict and used to purchase the injections from one Satish Kumar, who had told the petitioner that in case, he wanted to buy more injections in his absence, he may obtain the same from his brother Rakesh Kumar as well as his sister Koshal. It was further allegedly disclosed by the petitioner that the recovered intoxicant injections were also bought from the aforesaid three persons namely, Rakesh Kumar, Satish Kumar and Koshal; accordingly, they were also nominated as accused in this case. The status report further reveals that Rakesh Kumar and Koshal were arrested on 29.07.2021 and 95 buprenorphine injections, each 2 ml. were recovered from their possession and accordingly, the offence under Section 29 of the NDPS Act was added in this case vide Rapat no.76 dated 29.07.2021. As per the Status report, the repo