Advocates:
MALAK MANISH BHATT

ITEM NO.20 Court 1 (Video Conferencing) SECTION II-B

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).1359/2021

(Arising out of impugned final judgment and order dated 19-11-2020

in CRM-M No.30203/2019 passed by the High Court Of Punjab & Haryana

At Chandigarh)

BALDEV SINGH @ DEBU Petitioner(s)

VERSUS

STATE OF PUNJAB

Respondent(s)

(IA No.21686/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT, IA No.21687/2021 - EXEMPTION FROM FILING O.T.)

Date : 30-07-2021 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SURYA KANT

For Petitioner(s)

Mr. Sidharth Luthra, Sr. Adv.

Mr. Malak Manish Bhatt, AOR

Mr. Rajat Bector, Adv.

Mr. Krishna Datta Multani, Adv.

Mr. Saifuddin Shams, Adv.

Mr. Aditya Raju, Adv.

For Respondent(s)

Ms. Jaspreet Gogia, AOR

Ms. Mandakini Singh, Adv.

Mr. Karanvir Gogia, Adv.

Ms. Shivangi Singhal, Adv.

Ms. Ashima Mandla, Adv.

Ms. Uttara Babbar, AOR

UPON hearing the counsel the Court made the following

O R D E R

The petitioner seeks regular bail in FIR No.15 dated

14.08.2018 under Sections 18, 21, 29 and 30 of the Narcotic Drugs

1

Digitally signed by

MEENAKSHI KOHLI

Date: 2021.07.30

18:24:32 IST

Reason:

Signature Not Verified

and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’)

registered at Police Station SSOC, Fazilka (Punjab). Pending this

Special Leave Petition (Crl.) No.1359 of 2021, the petitioner has

also filed I.A. No.88206/2021 seeking interim bail for 15 days to

enable him to make arrangements for the wedding of his sister

(Amarjeet Kaur) which is stated to be fixed for 05.08.2021.

The State of Punjab has filed counter affidavit to the main

petition as well as to the application seeking interim bail.

We have heard learned counsel for the parties and perused the

record.

As regard to the petitioner’s claim to release him on regular

bail, we find that the petitioner has already been convicted in one

of the NDPS case registered vide FIR No.28 dated 18.02.2015 under

Sections 21, 25 and 29 of the NDPS Act at Police Station Sadar

Fazilka pertaining to recovery of 25 kgs. Of heroin. While on bail

in the said case, the petitioner was found involved in another case

(i.e.) FIR No.179 dated 12.07.2018 under Sections 21 and 29 of the

NDPS Act read with Section 25 of the Arms Act registered at Police

Station Sadar, Ferozepur. He was in custody in the aforestated case

when some secrete information was allegedly received that the

petitioner was involved in smuggling of heroin and he was in touch

with smuggler in Pakistan through Internet telephonically. The

petitioner is stated to have got retrieved from the land near the

border 7 packets of heroin weighing 2 kgs. 770 grams, for which the

subject case has been registered against him and his co-accused. In

its counter affidavit, the State of Punjab has further explained

that the trial is now pending in the Court of Sessions Judge,

2

Fazilka and out of total 8 witnesses, 7 have already been examined.

The trial is, thus, at the fag end.

Keeping in view all the attending circumstances especially the

fact that the petitioner is alleged to be a habitual offender, we

are not inclined to release him on regular bail.

So far as the prayer of the petitioner to grant him interim

bail for making arrangement and to attend the wedding ceremony of

his sister, the State of Punjab has filed an affidavit of SHO

Police Station Special Operation Cell, Fazilka in which it is

averred that on verification as well as through secrete sources, it

has been found that there was no marriage programme of the sister

of the petitioner, as claimed by him. It is, however, admitted tha