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

348 CRM-M-55449-2024 (O&M)

Date of decision: 12.05.2025 Pargat Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Prateek Pandit, Advocate for the petitioner.

Ms. Himani Arora, 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. 239 dated 25.10.2020, registered under Sections 15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) at Police Station Kartarpur, District Jalandhar (Rural).

2. Brief facts of the case relevant for the disposal of the present petition are that on 25.10.2020, a secret information was received by SI Ajit Singh to the effect that the petitioner and co-accused Surjit Singh were indulged in sale of poppy husk and they had procured a huge consignment of poppy husk from Srinagar. It was further informed that they had hidden the contraband in the garage of uncle of the petitioner. Believing the information to be reliable, the police party conducted an immediate raid at the informed place. However, on seeing the police party, a person, who was later on identified as the present petitioner, managed to escape but co-accused Surjit Singh was apprehended. On conducting search of the said garage, recovery of 200 kgs. of poppy was effected. Upon interrogation, co-accused Surjit Singh disclosed that the petitioner, who was working as a truck driver, had links with one Sohail, resident of Srinagar, and the petitioner and himself used to purchase poppy husk from said Sohail. The petitioner could not be arrested. After completion of investigation, challan qua co-accused Surjit Singh was presented in the Court and after facing trial, he has been convicted for a period of ten years. The petitioner was subsequently arrested on 05.07.2024 and the trial qua him has commenced. He had moved an application before the learned trial Court for grant of regular bail but the same had been dismissed, vide order dated 20.09.2024.

3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in this case. The provisions of Section 42 of the NDPS Act were not complied with. The story put forth by the police party is concocted one. The petitioner had filed a petition, bearing CRM-M-14609- 2021, before this Court seeking grant of anticipatory bail, whereby his arrest was stayed, vide order dated 06.04.2021. However, subsequently the said petition was dismissed as withdrawn, vide order dated 26.04.2022. It is also argued that the medical condition of the petitioner is not good as he had sustained a fracture in his pelvis and hip in motor vehicular accident. He is in judicial custody since 05.07.2024. The trial is likely to take a long time. No useful purpose would be served by keeping him in custody anymore. It is, therefore, urged that the petition deserves to be allowed.

4. Status report has been filed by the respondent-State. It is submitted therein and learned Assistant Advocate General, Punjab has argued that the petitioner is not entitled to get benefit of bail as there are serious allegations against him. The petitioner along with co-accused Surjit Singh were involved in sale/purchase of poppy husk by brining the same from Srinagar. On the day when raid was conducted at the informed place, he had succeeded in fleeing. A huge quantity of the contraband, which falls under the commercial quantity, has been recovered in this case. Hence, the rigors of Section 37 of the NDPS Act would be attracted against the petitioner. The petitioner is a habitual offender as he is involved in two more cases under the NDPS Act, out of which, in one case he stands convicted and in another case, he is facing trial. During the course of investigation, proper procedure as prescribed in law was followed. Trial is delayed due to the fact that the petitioner