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2025 Supreme(Online)(PH) 1215
HIGH COURT OF PUNJAB AND HARYANA
SANDEEP MOUDGIL, J
GURPREET SINGH – Appellant
Versus
STATE OF PUNJAB – Respondent
CRM-M-45272-2024
Mr. G.S. Sandhu, Advocate for the petitioner. Mr. Jaspal Singh Guru, AAG, Punjab.
Bail is the general rule, incarceration an exception; the right to a speedy trial is fundamental under Article 21.
Headnote:(A) NDPS Act, 1985 - Sections 22 and 29 - Indian Penal Code, 1860 - Section 408 - Bail application - Petitioner sought bail under FIR for possession of intoxicant tablets - Prosecution's case based on co-accused's disclosure - Petitioner claimed clean antecedents and non-involvement in other cases - Court noted that the petitioner had suffered significant custody time and that investigation was complete - Emphasized the principle that bail is the rule and incarceration is the exception, referencing the case of "Dataram versus State of Uttar Pradesh and another" (Paras 1-7).
(B) Right to speedy trial - The court underscored the constitutional right to a speedy trial under Article 21, stressing that pre-conviction periods for under-trials should be minimized (Paras 4-5).
(C) Judicial discretion - The court highlighted that the discretion to grant bail should be exercised judiciously and compassionately, considering the nature of the accusation and the accused's conduct (Paras 6-7).
Facts of the case:
The petitioner was accused based on a disclosure statement of a co-accused, with 900 intoxicant tablets recovered from the latter, and later 9,500 tablets from the petitioner. The petitioner has been in custody for over a year and is not a habitual offender.
Findings of Court:
The petitioner was granted bail, with conditions for bail and surety bonds to be satisfied by the trial Court.
Issues: The main issues included the basis for the petitioner's nomination as an accused and the grounds for bail consideration.
Ratio Decidendi: The court reaffirmed that bail is generally granted, and incarceration should be an exception, especially considering the petitioner's clean record and significant custody time.
Result: Petition allowed.
1. Relief sought
The jurisdiction of this Court has been invoked under Section 483 of BNSS, 2023 seeking grant of regular bail to the petitioner in FIR No.233 dated 23.12.2023 under Sections 22 of NDPS Act, 1985 and Section 29 of NDPS Act as well as Section 408 of IPC (added later on) registered at Police Station City-1, District Sangrur.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
“To SHO PS City-1 Sangrur, Fateh, Today I/SI alongwith HC Jaswinder Singh No.1259/Sangrur, No.234/Sangrur Senior and HC Sandeep Kumar Constable Kuldeep Singh No.1514/Sangrur. in government vehicle Scorpio Gateway bearing registration No.PB13BE3707 driven by Senior Constable Anwar Khan No.1817/Sangrur were lof8 going towards Ramnagar Basti Sangrur through bank of Minor in the area of Ajit Nagar Basti Sangrur in connection with patrolling and in search of suspected persons and when the police party crossed residential area of Ajit Nagar and turned towards Ramnagar Basti then at about 1.30 pm, one person who was coming by foot having black coloured polythene in his hand, on seeing the police party had thrown the polythene in bushes on the right side of the bank, upon which the strips of tablet scattered outside. Upon which I/ST, after getting my vehicle stopped, apprehended the above person and asked his name and address and he disclosed his name as Karan Chawria son of Suraj Parkash resident of Ganga Ram Basti Sangrur. Then I/SI checked the scattered strips thrown by Karan Chawria then it was found as Tramadol HCL SR Tablet IP-100mg TMD 100 SR. then on counting all the strips by me/SI, the total strips came out to be 90 having 10 tablets of each strips of Tramadol HCL SR Tablet IP-100mg TMD 100 SR, having batch No.TPT-00652 Mfg. 06/2023 Exp. 05/2025 M.R.P Rs. 180.00 PER 10 TABS. INCL. ALL TAXES. Then I/ASI put recovered 90 strips total 900 tablets of Tramadol HCL SR Tablet IP-100mg TMD 100 SR in the same black coloured polythene and further put the polythene having 90 strips total 900 tablets of Tramadol HCL SR Tablet IP-100mg TMD 100 SR in a cloth bag and prepared pulanda, which was served with my seal of HS. Sample seal was prepared separately and after use, the same was handed over to HC Jaswinder Singh No.1259/Sangrur. Thereafter I/SI took 90 strips total 900 tablets of Tramadol HCL SR Tablet IP-100mg TMD 100 SR in police possession alongwith sample seal vide recovery memo, upon which HC Jaswinder Singh No.1295/Sangrur. and HC Sandeep Kumar No.234/Sangrur put their signature as witness. Since the act of Karan Chawria by keeping intoxicant tablets in his possession fulfill the ingredients of Section 22/61/85 of NDPS Act so written rukka after typing and taking printout is being sent to police station through Senior Constable Kuldeep Singh 1514/Sangrur for registration of case against Karan Chawria son of Suraj Parkash resident of Ganga Ram Basti Sangrur. After registration of case, the FIR number be informed. Control room be informed through email. I/SI alongwith co-officials alongwith accused is busy in investigation at the spot. Sd/- SI Harchetan Singh.”
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner contends that the petitioner was nominated as an accused in the instant FIR only on the basis of disclosure statement of co-accused Karan Chawria, from whose possession recovery of 900 intoxicant tablets labelled as TMD-100 SR was effected and subsequently during interrogation the petitioner was planted with recovery of 9500 intoxicant tablets. It has been contended on behalf of the petitioner that he is a man of clean antecedents as he is not involved in any other case.
On behalf of the State
On the other hand, learned State counsel has produced the custody certificate of the petitioner today in Court, which is taken on record. He seeks dismissal of the instant petition on the ground that according to the FSL report dated 12.02.2024 as well the contraband in
