Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 163

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Pankaj Jain, J.
Kulwinder Singh alias Nona – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 52457 of 2023
Decided On : 13-02-2024

Advocates appeared:
For the Parties : Mr. R.S. Sidhu, Mr. Sidharth Sandhu AAG, Punjab

The main legal point established in the judgment is the right to speedy trial under Article 21 of the Constitution of India and the application of bail provisions under Section 36 and 37 of the NDPS Act. The judgment also emphasizes the importance of expeditious prosecution and the responsibility of the prosecuting agency.

Headnote:
NDPS Act - Bail - Section 21 of NDPS Act, 1985 and Section 25 of Arms Act, 1959 - Section 36, 37 of NDPS Act - Supreme Court Legal Aid Committee vs. Union of India, (1994) 6 SCC 731 - Daler Singh vs. State of Punjab, 2007 (1) RCR (Criminal) 316 - Bhupender Singh vs. Narcotic Control Bureau, 2022 (2) R.C.R. (Criminal) 706 - P. Ramachandra Rao - Speedy trial - Suspension of sentence - Article 21 of the Constitution of India
Fact of the Case:

The petitioner sought regular bail pending trial in a case registered for offences under Section 21 of the NDPS Act, 1985 and Section 25 of Arms Act, 1959. The petitioner was found in possession of heroin and a rifle, and the trial was delayed due to non-cooperation of official witnesses.
Finding of the Court:

The court found deliberate attempts by official witnesses to delay the trial, leading to prolonged custody of the accused. The court emphasized the importance of speedy trial in NDPS cases and issued directions to ensure expeditious prosecution.
Issues: Deliberate delay in trial due to non-cooperation of official witnesses, interpretation of bail provisions under Section 36 and 37 of NDPS Act, and the application of Article 21 of the Constitution of India to ensure speedy trial and suspension of sentence.
Ratio Decidendi: The court emphasized the right to speedy trial and issued directions to ensure expeditious prosecution, citing previous judgments such as Supreme Court Legal Aid Committee vs. Union of India and Daler Singh vs. State of Punjab. The court also highlighted the importance of Article 21 of the Constitution of India in ensuring timely justice.
Final Decision: The court disposed of the petition and issued directions to the prosecuting agency to supervise trial progress, ensure witness attendance, and initiate departmental action against erring officials. The court also directed the trial court to conclude the trial expeditiously.

Judgment

Mr. Pankaj Jain, J.

The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner seeking regular bail pending trial in case FIR No.124 dated 04.09.2021 registered for the offences punishable under Section 21 of the NDPS Act, 1985 and Section 25 of Arms Act, 1959 at Police Station Sadar Patti, District Tarn Taran.

2. The petitioner was found to be in conscious possession of 260 grams of heroin and is in custody since 4th of September, 2021. Police report was filed before Special Judge on 21st of September, 2021. Charges were framed on 4th of May, 2023. Only 2 out of 16 cited prosecution witnesses have been examined till date. Petitioner is facing 4 more cases under NDPS Act.

3. Status report by way of affidavit of Jaspal Singh, PPS, Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran was filed on behalf of State. On 22nd of November, 2023 following order was passed:

“Status report by way of affidavit of Jaspal Singh, PPS, Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran has been filed on behalf of respondent-State today in Court, which is taken on record. Copy supplied.

Counsel for the petitioner is not in position to dispute that the petitioner is involved in four more cases under the NDPS Act however he has drawn attention of this Court to the order dated 4th of August, 2023 passed by Judge Special Court, Tarn Taran whereby examination-in-chief of PW-1 was stated to be recorded but thereafter despite availing five opportunities i.e. on 19.08.2023, 11.09.2023, 18.09.2023, 20.09.2023 and 03.10.2023, PW-1 has not come present for cross-examination.

Counsel for the State does not dispute that he is official witness.

Salary of PW-1 shall remain attached till his appearance.

Adjourned to 11.12.2023.”

4. On 25th of January, 2024, this Court was apprised of the fact that despite the order passed on 22nd of November, 2023, PW-1 failed to come present before the Court. Subsequently, Senior Superintendent of Police, Tarn Taran was directed to file affidavit.

5. Today, affidavit of Ashwani Kapur, IPS, Senior Superintendent of Police, Tarn Taran, District Tarn Taran has been filed on behalf of the respondent/State, which is taken on record. Para No.3 thereof reads as under:

“3. That it is respectfully submitted that the copy of the present petition as well as order dated 25.01.2024 passed by this Hon’ble Court was received in the office of the undersigned and the same was marked to the Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran to comply with the orders passed by this Hon’ble Court and as per the report received from the Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran, the brief facts pertaining to the present case are that a case FIR No.124 dated 04.09.2021, under Section 21 of the NDPS Act has been registered at police station Sadar Patti, District Tarn Taran against the petitioner namely Kulwinder Singh @ Nona as 260 grams of Heroin was recovered from his conscious possession and a motorcycle make Platina bearing registration No.PB46-U-5916 was also taken into police possession. During the course of interrogation of the petitioner, he voluntarily got recovered a riffle DBBL 12 Bore bearing No.18618-A/7 year 2005 alongwith 5 live cartridges of 12 Bore from the wooden almirah of his residential house. During the course of investigation, the FSL report pertaining to the contraband recovered in the present case has been received and the final report under section 173(2) of the Cr.P.C. has been presented before the learned Court of Judge Special Court, Tarn Taran on 21.09.2021 and charge has been framed on 04.05.2023 and total 16 prosecution witnesses have been cited in the list of witness, 4 prosecution witnesses have been examined till date and now, the next date of hearing before the learned trial Court is 20.02.2024. It is further submitted that one prosecution witness namely SI Lakhbir Singh i.e. PW-1 has got re