Mukhtiar Singh Alias Mukhtar Alias Kishan vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2049

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Mukhtiar Singh Alias Mukhtar Alias Kishan – Petitioner
Versus
State of Punjab – Respondent
CRM-M NO. 36696 of 2022 (O&M)
Decided On : 31-07-2023

Advocates Appeared:
Dr. Anmol Rattan Sidhu, Senior Advocate assisted by Mr. Pranshul Dhull, Advocate; For the Petitioner
For the Respondent: Mr. M.S. Tiwana, A.A.G., Punjab.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 18, 25 and 29 - Grant of bail - The petitioner sought bail under Section 439 of the CrPC in a case of significant drug recovery (20 kgs. of poppy husk and 3 kgs. of opium). The court found the gravity of the offense justifies bail denial. The petitioner is involved in another related case and is deemed likely to tamper with evidence or abscond. (Paras 10-14)

(B) Presumption against bail - The pleader argued that the petitioner was not named in the FIR and had no direct involvement; however, the court reaffirmed that substantial evidence suggested complicity under the NDPS Act. The onerous conditions of Section 37 of the NDPS Act apply, necessitating evidence of innocence for bail. (Paras 11-12)

Facts of the case:
The petitioner was accused based on a disclosure statement by a co-accused, alongside substantial financial transactions indicating involvement with narcotics. The petitioner had no drugs found in his possession and argued the lack of evidence against him.

Findings of Court:
The court held that bail cannot be granted due to the serious nature of charges, potential flight risk, and likelihood of evidence tampering. The denial is based on the public interest in controlling drug offenses.

Issues: Whether the evidence supports bail, the involvement of the petitioner, and the application of Section 37 limitations.

Ratio Decidendi: The court affirmed that the severity of the drug offenses, along with the potential for absconding and tampering with evidence, justified the refusal of bail.

Result: Petition dismissed.

Table of Content
1. summary of the factual background of the case. (Para 1 , 4 , 5 , 6)
2. arguments regarding the bail application. (Para 7 , 8 , 9)
3. court's analysis of the legal provisions and implications. (Para 10 , 11 , 12 , 13 , 14 , 15)
4. conclusion denying bail based on seriousness of the case. (Para 16)
5. final remarks on the disposition of the case. (Para 17 , 18)

JUDGMENT

Mr. Harsh Bunger, J.

Petitioner (Mukhtiar Singh alias Mukhtar alias Kishan) has filed this petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case FIR No.82 dated 07.06.2022, under Sections 15 , 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act, 1985') ( Section 29 of the NDPS Act, 1985, added subsequently), registered at Police Station Khanna City - 2, District Khanna, Ludhiana.

2. Reply by way of an affidavit of Sh. Jashandeep Singh Gill, PPS, Deputy Superintendent of Police, Detective Khanna Additional Charge DSP Khanna, District Ludhiana (Punjab), on behalf of respondent- State of Punjab has been filed, which is already on record.

3. Custody certificate dated 30.05.2023 of the petitioner has been filed by learned State counsel, in the Court, which has been taken on record vide order dated 31.05.2023.

4. Briefly, the afore-said case FIR was registered on the basis of ruqa sent by one Vinod Kumar, Incharge, C.I.A. Staff, Khanna; wherein, it was stated that on 07.06.2022, he along with other police officials was present at Delhi-Ludhiana Highway, on a government vehicle bearing registration No.PB-10-GK-6173 (make 'Balero'), in front of Pristine Mall, G.T. Road, Khanna, in relation to patrolling/search of suspicious/bad elements and were conducting checking of vehicles coming from the side of Mandi Gobindgarh. At about 2:00 p.m., one truck bearing registration No.PB-05-T-9195 came from the side of Mandi Gobindgarh, which was stopped by the police party on the basis of suspicion and two Sikh men were present therein. Upon enquiry, the driver disclosed his name as Tirath Singh son of Joginder Singh resident of Begepur, Police Station Kacha Pacca, District Tarn Taran and the other person disclosed his name as Balbir Singh son of Pishora Singh resident of Village Lohka, Police Station Patti, District Tarn Taran. They were made aware of their legal rights regarding search etc.; whereupon, both the afore-said persons namely, Tirath Singh and Balbir Singh, jointly stated that they wanted to get their search as well as the search of their truck conducted in the presence of a higher official. Accordingly, one Rajan Parminder Singh, PPS, DSP (SD), Khanna, was requested to reach at the spot after informing him about the circumstances. Upon arrival of said Rajan Parminder Singh, PPS, DSP (SD), Khanna, on the spot, he introduced himself to the apprehended persons namely Tirath Singh and Balbir Singh and after following the procedure, made them aware of their legal rights of getting their search as well as the search of their truck conducted since they were suspicion of intoxicating substance therein; whereupon, the said persons jointly stated that they had faith in the said officer (DSP) and said that he can conduct their search as well as the search of their truck (PB-05-T-9195). After following the procedure, the search of the truck was conducted and one heavy black coloured polythene bag was recovered from the cabin above the driver side and after opening it, the same was sniffed and opium was found therein. The recovered opium was weighed with the electronic scale and the same was found to be 3 kgs. along with polythene bag. Thereafter, upon search on truck's terrace, one white coloured heavy plastic gunny bag was recovered, which was sealed. The said gunny bag was checked from which poppy husk was recovered. On weighing the said gunny bag containing poppy husk, the same was found to be 20 kgs. Accordingly, the ruqa was sent to the police station for registration of the FI