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2024 Supreme(P&H) 1002
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Bittu – Petitioner
Versus
State of Punjab – Respondent
CRM-M NO. 23491 of 2024
Decided On : 06-08-2024
Mr. Karandeep Singh Sidhu, Advocate; For the Petitioner
For the Respondent: Mr. Prabhdeep Singh, Asstt. A.G., Punjab.
The court denied bail based on the petitioner's criminal history and the serious nature of charges under the NDPS Act, emphasizing the need for stringent measures against narco terrorism.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Arms Act, 1959 - Bail application - Petitioner sought bail in a case involving recovery of heroin and firearms - The court found the petitioner to be a habitual offender with multiple cases under NDPS Act, and the nature of the crime was classified as narco-terrorism - The court emphasized the seriousness of the offences and the need for stringent measures against such crimes. (Paras 1, 4, 7, 8)
(B) Bail - Grant of bail - The court held that satisfaction under Section 37 NDPS Act could not be recorded due to the petitioner's criminal antecedents and the serious nature of the charges against him. (Paras 6, 7)
Facts of the case:
The petitioner was arrested in connection with a case involving the recovery of 2 Kgs of heroin and firearms, with allegations of drug trafficking and narco-terrorism. The petitioner claimed false implication and sought bail based on the lack of evidence linking him to the crime.
Findings of Court:
The court found that the petitioner’s antecedents indicated he was a habitual offender, and the nature of the crime warranted a strict approach.
Issues: The main issues were whether the petitioner was entitled to bail given his criminal history and the serious nature of the charges.
Ratio Decidendi: The court ruled that the serious nature of the offences and the petitioner’s criminal background justified the denial of bail, emphasizing the need for stringent action against narco-terrorism.
Result: Petition dismissed.
JUDGMENT
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 439 of Cr.P.C. is for the grant of regular bail to the petitioner in case FIR No.09 dated 21.01.2023 (Annexure P-1) registered under Section 21 of NDPS Act and Section 25 of Arms Act, 1959 at Police Station Mamdot, District Ferozepur.
2. The brief facts of the case are that secret information was received by the Investigating Agency to the effect that in the area of Village Sethan Wala @ Dona Rehmat Wala, Khilara Singh, Bittu (petitioner) sons of Lal Singh, Sukhdev Singh @ Babbi Bhuleria son of Gurdiyal Singh, Nishan Singh son of Harjit Singh, Baljit Singh @ Babbi son of Kala Singh, Boota Singh son of Jagir Singh, Arshdeep Singh son of late Pipal Singh, Mangal Singh son of Dilip Singh and Amarjit Singh son of Chanan Singh along with unidentified people were working as drug Mafia of heroin at a high-level. Heroin and weapons were being brought via a drone.
Based on the said information, the FIR came to be registered. The recovery of 2 Kgs heroin, one 30 bore pistol made in China, 02 magazines and 12 live cartridges came to be effected from the agricultural land of Kulwant Singh son of Jagtar Singh at Sethan Wala alias Dona Rehmat.
3. Amarjit Singh son of Chanan Singh was arrested on 16.02.2023 whereas Sukhdev Singh alias Babbi Bhuleria was arrested on 18.04.2023. Mangal Singh son of Dalip Singh was also arrested. During police remand on 16.02.2023 Amarjit Singh confessed that he in connivance with Khilara and Bittu (petitioner) sons of Lal Singh and Sukhdev Singh alias Babi Bhuleria, Nishan Singh son of Harjit Singh and Baljit Singh alias Babbi had received a consignment of heroin from Pakistan through drone.
Mangal Singh was found to be innocent and was discharged by the orders of the Court dated 21.04.2023.
On 09.05.2023, Khilara Singh alias Munna son of Lal Singh was arrested. On 04.11.2023, Bittu (petitioner) was arrested.
Nishan Singh son of Harjit Singh, Baljit Singh son of Kala Singh, Buta Singh son of Jagir Singh and Arshdeep Singh son of late Pipal Singh are yet to be arrested.
The report under Section 173(2) Cr.P.C. stands submitted against Amarjit Singh son of Chanan Singh, Sukhdev Singh alias Babbi Bhuleria and Khilara Singh son of Lal Singh. A supplementary challan was presented against the petitioner on 12.04.2023.
4. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The recovery had been effected from the agricultural fields of Kulwant Singh and not from the petitioner. There was no evidence that the recovered contraband had come via a drone from Pakistan or that the petitioner was in connivance with any of the other accused either in India or Pakistan. A similarly situated co-accused namely, Mangal Singh had been discharged by the Court of JMIC, Ferozepur. One Arshdeep Singh son of Pipal Singh had been declared innocent by the prosecution agency. No Gazetted Officer or Magistrate was joined at the time of search and seizure. Similarly situated accused of the petitioner namely, Amarjit Singh, Sukhdev Singh alias Babbi Bhuleria and Khilara Singh alias Munna had been granted the concession of bail by this Court vide orders 16.11.2023 and 09.04.2024 (Annexures P-5 & P-6). As the petitioner was in custody since 07.11.2023 but none of the 15 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded anytime soon and therefore, he was entitled to the concession of bail.
5. A short reply dated 06.08.2024 by way of an affidavit of Rajesh Kumar, PPS, Deputy Superintendent of Police (Rural) Ferozepur has been filed on behalf of the State by the learned counsel for the State. The same is taken on record. While referring to the reply, he contends that it is a case of narco terrorism wherein narcotics and drugs are brought in from Pakistan via a drone. The weapons are used in terrorists related activities whereas drugs are fed to the
