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2024 Supreme(P&H) 1200

IN THE HIGH COURT OF PUNJAB AND HARYANA
ANOOP CHITKARA, J.
Suraj Singh @ Noni - Appellant
Versus
State of Punjab - Respondent
CRM-M No. 42577 of 2024
Decided On : 25-09-2024

Advocates Appeared:
For the Appearing Parties :Mr. B.S. Jaswal Advocate , Mr. Sukhdev Singh AAG, Punjab

Anticipatory bail granted due to lack of prima facie admissible evidence justifying custodial interrogation under organized crime allegations.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory bail - The petitioner sought anticipatory bail in connection with FIR No. 139 dated 11.07.2024, involving serious allegations of organized crime, including illegal possession of firearms and gang activities. The court noted the lack of prima facie legally admissible evidence against the petitioner to justify custodial interrogation. (Paras 1, 15, 16)

(B) Evidence - Admissibility - The court emphasized that confessions made to police officers while in custody are inadmissible unless made in the presence of a Magistrate, as per Section 23 of the Bharatiya Sakshya Adhiniyam, 2023. (Paras 7, 13)

(C) Organized Crime - Definition and Requirements - The court highlighted that to constitute organized crime under Section 111 of the Bharatiya Nagarik Suraksha Sanhita, 2023, there must be prima facie evidence of continuing unlawful activity, which was not established in this case. (Paras 14, 15)

Facts of the case:
The petitioner, apprehending arrest, sought anticipatory bail, facing allegations of being part of a gang involved in vehicle theft and illegal arms possession. The State opposed the bail, citing the petitioner’s criminal antecedents and the need for custodial interrogation.

Findings of Court:
The court found no prima facie evidence to justify custodial interrogation or pre-trial incarceration, allowing the bail application.

Issues: The main issues included the admissibility of evidence against the petitioner and whether there was sufficient evidence to justify custodial interrogation.

Ratio Decidendi: The court ruled that without legally admissible evidence, the State could not justify the arrest or custodial interrogation of the petitioner.

Result: Petition allowed.

JUDGMENT :

Mr. Anoop Chitkara, J.:-

FIR No.

Dated

Police Station

Sections

139

11.07.2024

Islamabad, Distt. Amritsar

111, 310(4), 310(5) of BNS and Sections 25, 27 Arms Act, 1959 (Act No. 54 of 59)

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. In paragraph 12 of the bail petition, the accused has the following criminal antecedents:

Sr. No.

FIR No.

Date

Offences

Police Station

1.

45

15.05.2016

394, 379-B(2)/411 IPC

Islamabad, Amritsar

2.

102

26.04.2024

323, 324, 326, 427, 148, 149 IPC

Gate Hakima, Amritsar

3. The petitioner’s counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

4. The State’s counsel opposes bail and refers to the reply.

5. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

    “4. That it is submitted that according to the report submitted by SHO PS Islamabad, Amritsar the present FIR No. 139 dt. 11.07.2024(supra) was registered on the basis of secret information against six accused persons namely (i) Rahul xxx, (ii) Karan Singh @ Tidda xxx, (iii) Sukhdeep Singh @ Gori xxx, (iv) Abhay Sharma @ Arav xxx, Kishankot, xxx, (v) Raghav Kumar xxx, Kishankot, Amritsar, (vi) Ramesh Kumar xxx that the above said persons have formed a gang, who are habitual of vehicle theft, committing extortion, dacoities, drug peddling and having in their possession of illegal weapons. They were staying on that day i.e. on 11.07.2024 in rented room in Hotel Roopa opposite Subash Juice Bar, Sikandari Gate, Amritsar and have gathered there for planning to commit some big crime of dacoity and they have illegal weapons. If raid is conducted with police party then they can be apprehended with illegal weapons.

    5. That it is submitted that in pursuance to the aforementioned information, Sub Inspector Jasbir Singh along with other police officials conducted raid at room No. 208 of Hotel Roopa International. The following accused persons were apprehended from that place and following recoveries were made from their conscious possessions and videography at the place of occurrence was made as per provisions of Section 176 BNSS:

Sr. No.

Name of accused

Recovery effected

1

Sukhdeep Singh xxx

One country made pistol .32 and 05 live cartridges of .32 bore

2

Karan Singh @ Tinda xxx

One country made pistol .12 bore and 2 live cartridges of .12 bore

3

Abhay Sharma @ Aarav xxx

Mobile Phone

4

Raghav S/o Ramesh Kumar xxx

Mobile Phone

5

Ramesh @ Arun xxx

Mobile Phone

    6. That it is submitted that all the aforementioend accused persons were produced before the Court of LD Illaqa Magistrate, Amritsar and their police remand for 4 days was granted by the learned Magistrate. That during remand, the co-accused Karan Singh @ Tinda made disclosure statement dated 15.7.2024 before the Investigating Officer that the country made pistol.12 bore with 02 cartridges recovered from him, were purchased by him from his school friend Pardeep Singh @ xxx. He contacted him on his Instagram ID gill_p307(Karan Gill) about one year ago and asked him regarding purchase of illegal weapon then the above said Pardeep Singh @ Kaka had called him and his friend Suraj Singh @ Noni (present petitioner) to Mahal Bye pass one year ago and had sold him one country made pistol .12 bore with cartridges in Rs. 45,000/-. Thereafter he along Suraj Singh @ Noni present petitioner had committed many snatchings-robberies at different places. The present petitioner Suraj Singh @ Noni had borrowed the above said country made pistol.12bore and cartridges from hi

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