IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

224 CRM-M-52371-2024 (O&M)

Date of decision: 27.01.2025 Harmander Singh @ Fiddu ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Parminder Singh Sekhon, Advocate for the petitioner.

Ms. Sakshi Bakshi, AAG, Punjab.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 439 of Cr.P.C., is for grant of regular bail to the petitioner in FIR No. 26 dated 23.03.2024, registered under Sections 15, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Bhadaur, District Barnala.

2. Brief facts of the case relevant for the disposal of the present petition are that on 23.03.2024, a secret information was received by Inspector Tek Chand to the effect that co-accused Dharam Singh, whose house is in village Chhanna, his nephew Arshdeep Singh @ Arshu, his friend Harpreet Singh @ Haria and petitioner Harmandar Singh @ Fiddu keep poppy husk scrap and sell poppy husk scrap from the said house. Believing the information to be true, a raid was conducted at the house of co-accused Dharam Singh at about 10:35 AM and co-accused Arshdeep Singh, Harpreet Singh and petitioiner Harmandar Singh were apprehended at the spot. During checking of the house, two bags containing poppy husk were recovered. On weighing the same, each of them was found to be containing 20 Kgs. of poppy husk. The same was taken into possession while following the proper procedure. The aforesaid co-accused including the petitioner were formally arrested at the spot. During investigation, co-accused Harpreet Singh @ Haria disclosed that he had brought poppy husk along with his friends Arshdeep Singh and petitioner Harmandar Singh. He also stated that he had brought another sack of poppy husk, which was hidden in the trunk of the car bearing registration number PB-29-X-2888. Thereafter, in pursuance of the disclosure of co-accused Harpreet Singh, 60 kgs. of poppy husk was recovered from the said car. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently, the petitioner along with the co-accused is facing trial for commission of aforesaid mentioned offences. He had moved an application before the trial Court for grant of regular bail but the same had been dismissed, vide order dated 04.09.2024.

3. Learned counsel for the petitioner has argued that he has been falsely implicated in this case. As per own version of the prosecution, only 40 kgs. of poppy husk was recovered from the petitioner and co-accused and 60 kgs. of poppy husk was recovered subsequently from the trunk of the said car in pursuance of disclosure made by co-accused Harpreet Singh and the same cannot be connected with the present petitioner. More so, in view of the ratio of law as laid down by Hon’ble Supreme Court in Amarsingh Ramjibhai Barot vs. State of Guajarat : 2005(7) SCC 550, the recovery effected from the aforesaid co-accused cannot be added to bring it within the ambit of commercial quantity. Even otherwise, mandatory provisions of Sections 42 and 50 of the NDPS Act were not properly complied with. No independent witness was joined by the police party. There is nothing on record to connect the petitioner with the subject crime. Investigation has since been completed and challan has been presented. Conclusion of trial is likely to take time. The petitioner is in judicial custody since 23.03.2024. No useful purpose would be served by keeping him in custody anymore. Co-accused Amritpal Singh @ Landa has already been granted concession of regular bail by this Court, vide order dated 01.10.2024 passed in CRM-M-39811-2024. On the grounds of parity, the petitioner too deserves to be granted the same benefit. Therefore, it is urged that the petition deserves to be allowed and the petitioner deserves to be released on regular bail.

4. Status report has been filed b