The court emphasized that bail should not be denied solely based on prior criminal history, focusing instead on the sufficiency of evidence and the likelihood of the accused appearing for trial.

JUDGMENT

Harsh Bunger, J. (Oral)

Petitioner (Sandeep Kumar) has filed this petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the petitioner in case FIR No.60 dated 24.11.2022, under Sections 21 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 21 (c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act were added later on) registered at Police Station Behrampur, District Gurdaspur (Annexure P-1).

2. Custody certificate dated 04.07.2024 of the petitioner and status report dated 03/04.07.2024 by way of affidavit of Sukhwinder Pal Singh, PPS, Deputy Superintendent of Police, Dinanagar, District Gurdaspur on behalf of the respondent/State of Punjab have been filed by learned State counsel in Court today, which are taken on record, subject to all just exceptions.

3. Briefly, the aforesaid case FIR was registered on 24.11.2022. It transpires that on 24.11.2022, Sub Inspector Deepika, Station House Officer, Police Station Behrampur received a secret information that three young boys namely Rohit Kumar, Deepak Kumar and Rajan Kumar, who are into the business of selling heroin, were wandering and roaming in i-20 car bearing registration No.PB-18-W-6161 towards Village Kaire.

3.1 Considering the information reliable and after following the due process, the barricades were laid down and the said car was intercepted, whereby Rohit Kumar was found driving the vehicle; Deepak Kumar was found sitting on the front adjoining seat and Rajan Kumar was found sitting on the back seat of the vehicle. Thereafter, search was conducted and one kit was found lying under the feet of Rajan Kumar. Upon checking thereof, 274 grams of heroin was found. Upon being questioned, Rajan Kumar disclosed that he along with his brothers-in-law, namely Rohit Kumar and Deepak Kumar are into the business of selling heroin and they had purchased 400 grams of heroin from one Sandeep @ Happy (petitioner) from Village Gana, Police Station Philaur, District Jalandhar for an amount of Rs.2,100/- per gram; and out of the same, he had sold 126 grams of heroin to the daughter-in-law (Rozi @ Dimpy) of his maternal uncle at the price of Rs.2,300/- per grams; and now, they had got Rs.5000/- along with rest of the heroin (274 grams), which they were to sell to other customers. Accordingly, the present FIR was registered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case only on the basis of disclosure statement of co-accused. It is submitted by learned counsel for the petitioner that the petitioner has nothing to do with the alleged offence and no recovery has been effected from the conscious possession of the petitioner rather the alleged recovery was effected from a kit allegedly lying under the feet of co-accused Rajan Kumar. Learned counsel for the petitioner submits that there has been non-compliance of the mandatory provisions of the N.D.P.S. Act.

4.1 Learned counsel for the petitioner contends that co-accused Roji @ Dimpi has already been granted anticipatory bail by the Hon'ble Supreme Court vide order dated 13.09.2023 passed in Special Leave to Appeal (Crl.) No.8976 of 2023 and other co-accused namely Deepak Kumar and Rohit Kumar have also been granted regular bail by this Court vide order dated 17.05.2024 in CRM-M-14097-2023 and CRM-M-13739-2023 respectively.

4.2 Learned counsel for the petitioner submits that the petitioner was arrested in the instant case on 25.04.2023 and he was granted interim bail by a Co-ordinate Bench of this Court vide order dated 14.12.2023 and he has not misused the concession of interim bail and is regularly appearing before the trial Court.

4.3 Learned counsel for the petitioner contends that the petitioner has already undergone actual custody in this case for a period of seven months and twenty three days; investigation in the case is complete, supplementary challan stands presented