Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASHOK KUMAR VERMA, J.
Gurjashanpreet Singh – Petitioner
Versus
State of Punjab – Respondent
CRM-M-25878-2021
Decided On : 26-04-2023
| Table of Content |
|---|
| 1. criminal gang involvement and organized crime. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. defense arguments against allegations of involvement. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. judicial principles regarding bail considerations. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 4. evaluation of individual petitioner roles and likelihood of bail. (Para 27 , 28 , 29 , 30 , 31) |
| 5. denial of bail based on serious nature of charges. (Para 32 , 33 , 34 , 35 , 36 , 37) |
| 6. conclusion on the dismissal of bail applications. (Para 38) |
| 7. final remarks and disposal of other applications. (Para 39 , 40) |
JUDGMENT
Ashok Kumar Verma, J.
Separate custody certificates of the petitioner(s) (in all cases) filed by learned counsel for the State are taken on record.
2. By this common order 07 aforementioned petitions are being disposed of, as all have arisen out of the same FIR.
3. The petitioners have filed the aforesaid petitions under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No. 31 dated 17.04.2021 registered under Sections 21 , 22 and 29 of the NDPS Act; Sections 392 , 395 and 384 IPC ( Sections 511 , 465, 467, 460 471 and 120B IPC were added later on) and Section 25 of the ARMS ACT at Police Station Sadar Kurali, District SAS Nagar (Mohali). For brevity, the facts are being extracted from CRM-M-25878- 2021.
Brief facts:
4. The above-said FIR was registered on the basis of secret information received by ASI Talwinder Singh against Samuel, Gavy @ Vijay, Jaipal Singh, Karanbir Singh @ Kala, Rohit Kumar, Neeraj Kumar @ Chaska, Deepak Kumar, Karanvir Singh @ Kann, Ravinder, Iqbal Singh @ Rubal, Gurjashasnpreet Singh and Harmanjit Singh, who were declared as proclaimed offenders in several cases of murder, dacoity, extortion and drug smuggling have made an organized criminal gang and are extorting money from people by calling through internet. Moreover, they used to snatched the vehicles on gun point and use them for smuggling of heroin and other synthetic drugs. They have relations with drug and arms dealers and after purchasing the same from them they are selling it in State of Punjab. In these days the said persons have created their hideouts in the areas of Singhpura, Kurali and Kharar and are operating their gang in the State of Punjab and other States. The present case pertains to the heavy recovery of 1 Kg. 260 grams of Heroin as well as illegal arms and cartridges. During investigation, the whereabouts of the aforesaid accused persons were verified and all the said persons were found to be absent from their permanent residential addresses.
Role of the petitioners:-
5. (i) Gurjashanpreet Singh-petitioner in CRM-M-25878- 2021 was arrested on 28.04.2021 along with co-accused, namely; Karanveer Singh @ Kana. He was sitting in Black Scorpio car bearing registration No. PB-46-AD-8880 being driven by his co-accused, namely; Karanvir Singh @ Kanna. 260 grams of heroin was recovered underneath the seat of car. One.32 bore pistol along with Magazine and 12 cartridges were also recovered from the co-accused-Karanvir Singh @ Kanna.
6. (ii) Harmanjit Singh-petitioner in CRM-M-26039-2021, was also arrested on 28.04.2021 along with co-accused Ravinder Iqbal Singh @ Rubal. Verna car bearing registration No. PB-10-HK-9887 being driven by both the accused was taken into police possession.
7. (iii) Gavy @ Vijay Kumar-petitioner in CRM-M-42045- 2021, was implicated in the present case on the basis of secret information received on 23.04.2021 that presently he is residing at a secret hide out in the State of Jharkhand. In pursuance thereto, a team headed by Inspector Pushwinder was constituted and sent to Jharkhand to conduct a raid at the hide out of Gavy @ Vijay Kumar. He was arrested by the police on 26.04.2021 from Kalpanpuri with the help of local police of Police Station Adityapur, District Sarai Keila, Jharkhand and one Fortuner car bearing registration No. DL-10-CJ-7009, was recovered from him. Duri
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
The judgment highlights the importance of evidence and legal procedures in establishing a defendant's involvement in a criminal case, and the consideration of custody period and legal precedents in g....
The central legal point established in the judgment is the consideration of the unlikelihood of carrying contraband in a transparent bag, non-compliance with Section 50 of the Act, and the absence of....
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
The main legal point established in the judgment is the consideration of substantial custody and the admissibility and veracity of disclosure statements in bail applications under the NDPS Act.
The court emphasized the importance of evidence, compliance with legal provisions, and the impact of delay in trial on bail decisions under the NDPS Act.
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
