IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (255-2)

Date of decision: 27.02.2025 (1) CRM-M-28606-2023 (O & M)

Kuldeep Singh .... Petitioner V/s State of Haryana ...Respondent (2) CRM-M-45537-2023 (O & M)

Sawan Singh .... Petitioner V/s State of Haryana ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Aditya Sanghi, Advocate, for the petitioners in both the petitions.

Mr. Surender Singh, AAG, Haryana.

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JASJIT SINGH BEDI , J. (Oral)

This order shall dispose of two criminal miscellaneous petitions i.e. CRM-M-28606-2023 and CRM-M-45537-2023 as they arise out of the same FIR.

2. The petitioners, namely, Kuldeep Singh (in CRM-M-28606- 2023) and Sawan Singh (in CRM-M-45537-2023) seek the grant of regular bail under Section 439 Cr.P.C. in case bearing FIR No.83 dated 09.02.2023 under Sections 15/15 (C) of the NDPS Act No.61 of 1985, registered at Police Station City Mandi Dabwali, District Sirsa, Haryana.

3. For the sake of convenience, the facts are being taken from the petition bearing No. CRM-M-28606-2023.

4. The brief facts of the case are that Kuldeep Singh (petitioner in CRM-M-28606-2023) and Sawan Singh (petitioner in CRM-M-45537-2023) were apprehended while they were on board a truck bearing registration No.RG07GB-6191 make TATA 2518 Red coloured. The recovery of 97 kgs.

of poppy husk powder came to be effected from the said truck.

5. The petitioners sought the concession of bail which was declined by the Trial Court. Kuldeep Singh approached this Court seeking the grant of regular bail vide CRM-M-28606-2023. Alongwith a prayer for regular bail, there was a prayer for the grant of interim bail till the receipt of the report of the Forensic Science Laboratory (FSL) regarding the contents of the contraband.

On 14.07.2023, on the contention of the petitioner’s counsel that the FSL report had not been received so far, an affidavit was called for from the Assistant Director, Regional Forensic Science Laboratory, Hisar and the matter was posted for hearing on 21.07.2023. On that date, the affidavit dated 19.07.2023 which was filed was found to be inadequate and the matter was posted for 25.07.2023. On that date, the FSL report dated 20.07.2023 was produced by the learned State counsel and taken on record as Mark ‘X’ and the case was posted for hearing on 02.08.2023. On that date, a status report of the Deputy Superintendent of Police, Dabwali, District Sirsa, dated 01.08.2023 was taken on record and the case was adjourned to 08.08.2023. On that date, the Additional Chief Secretary to Government of Haryana filed an affidavit with respect to Forensic Science Laboratories in the State of Haryana. Meanwhile, the matter was adjourned to 22.08.2023 and thereafter, it came for hearing only on 14.11.2023. On that date, with reference to an affidavit dated 17.10.2023, the State counsel pointed out that advertisements for recruitment of various posts in the Forensic Science Laboratories had been issued. The matter was adjourned to 23.01.2024. However, as the petitioner-Kuldeep Singh was stated to be in custody since 19.02.2023 and the charges had not been framed, he was ordered to be released on interim bail till the next date of hearing only whereas in the connected petition (CRM-M-45537-2023), the petitioner- Sawan Singh was also granted the concession of interim bail vide order dated 06.12.2023. Both the orders of interim bail dated 14.11.2023 and

06.12.2023 have continued to be in operation ever since then.

6. The learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. There was non- compliance of the various provisions of the NDPS Act regarding search and seizure including Section 50. As the petitioners had already been granted interim bail, which concession had not been misused and the Trial had not made any significant progress as only 03 out of the 19 prosecution witnesses had been examined so far, they were entitled to the concession of bail.

7. The