Rajat Dutta v. State of Haryana

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons

05.11.2023 Baldev Nagar, Dis. Ambala, Haryana 22 of NDPS Act and 42 of the Prison Act.

¶1The pe

oner apprehending arrest in the FIR cap oned above has come up before this Court under Sec on 438 CrPC 1973, seeking an cipatory bail.

¶2The facts and allega ons are taken from the status report filed by the State, which reads as follows: "3. That the present FIR No. 544 dated 05.11.2023 under sec ons 22 of the NDPS Act 1985, and Sec on 42 of Prison Act, registered at Police Sta on Baldev Nagar, District-Ambala on the complaint of Prince Kumar DSP, Jails, Central Jail, Ambala District Ambala. The contents of complaint are as under:- "Sir, the contents of the complaint are as under, "From Deputy Superintendent, Central Jail, Ambala. To, SHO, Police Sta on Baldev Nagar, Ambala City, Serial No.2248.9 1.0 dated 04/11/2023. Subject: Regarding taking legal ac on a@er inquiry with regard to recovery of 09 mobile phones along with baery, 4 chargers, 03 sim cards and intoxica ng tables during search in Central Jail, Ambala. Regarding the subject men oned above, it is informed to you that today on 04/11/2023 at around 04:00 PM, on the basis of secret informa on, Supervision (Chhakar) In-charge Head warden Suresh Kumar Belt No.540 came to know that three packets has been thrown from outside near vacant barrack (Chakki) No.9. The Supervision In-charge immediately gave this informa!on to Deputy Superintendent (Jail) Smt. Neelam. On the basis of informa!on under the chairmanship of Deputy Superintendent (Jail) a team of officials on duty was cons!tuted whose name are Supervision In-charge Head warden Suresh Kumar Belt No. 540, Assis!ng Supervisor Trend wader Manoj Kumar Belt No.1058, Warder Jaipal Singh Belt No.736 who was deputed in Block H/1, H/2 and H/3, Warder Nihal Singh Belt No. 1198 who was posted at Block 7/A, Warder Balwinder Singh Belt No.2835 who was posted at 24/H went to the vacant lying barrack and caught prisoner Rajat S/o Sunil and prisoner Puneet S/o Kanhaiya climbing the wall a@er picking the ar!cle thrown from outside. Immediately, on the basis of suspicion, the search of these prisoners was conducted. During search, one packet was recovered from prisoner Rajat S/o Sunil Kumar. From that packet, two mobile phones along with baIery, one sim card of Airtel Company having EMI No.05231D899100092xxxxxxxx and two packets of intoxicated tablets were recovered. On through inquiry from the prisoners, they disclosed that three packets were thrown from out on our asking and out of that two packets have been given to Kamaljit Singh S/o Tejender, Shubham S/o Tarsem and Rishabh S/o Kamal. Therea@er taking immediate ac!on, the team got recovered all the ar!cles from the prisoners to whom the mobile packets were given. xxx xxx"

¶3The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and his family.

¶4The State's counsel opposes bail and refers to the reply.

¶5It would be appropriate to refer to the following por!ons of the reply, which read as follows: "10. That as a ma:er of fact, during inves-ga-on of the case, it has been revealed that during search of accused-pe--oner, one packet was recovered from prisoner Rajat S/o Sunil Kumar. From that packet, two mobile phones along with ba:ery, one sim card of Airtel Company having EMI No.05231D8991000xxxxxxxx and two packets of intoxicated tablets were recovered. It has also been found that the accused-pe--oner was order/judgment. 2 released from the judicial custody on bail therefore, he could not be joined in the inves-ga-on with other co-accused persons, however, on

21.06.2024, the accused-pe--oner came to the inves-ga-ng officer and in pursuance with the orders of this Hon'ble Court, he was joined in the inves-ga-on and was formally arrested in this case and a9er due interroga-on, he was released on bail. It is submi:ed that the accused-pe--oner has commi:ed grave offence under NDPS Act, hence, the present pe--o is liable to be dismissed."

¶6The Police did not arrest the pe!!oner; if they intended to arrest the pe!!oner, it was not impossible. A perusal of the reply does not point out the steps taken to arrest the accused.

¶7Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega!ons and the other factors peculiar to this case, there would be no jus!fiability for custodial interroga!on or the pre-trial incarcera!on at this stage. Without commen!ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men!oned above, the pe!!oner makes a case for an!cipatory bail. This order shall come into force from the !me it is uploaded on this Court's official webpage.

¶8Given above, provided the pe!!oner is not required in any other case, the pe!!oner shall be released on bail in the FIR cap!oned above subject to furnishing bonds to the sa!sfac!on of the Arres!ng Officer, and if the maIer is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep!ng the surety, the concerned Officer/Court must be sa!sfied that if the accused fails to appear, such surety can produce the accused.

¶9While furnishing a personal bond, the pe!!oner shall men!on the following personal iden!fica!on details:

¶1AADHAR number

¶2Passport number (If available) and when the aIes!ng officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶10The bail order is subject to the pe!!oner's complying with the following terms.

¶11The pe--oner is directed to join the inves-ga-on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as andJYOTI order/judgment. 3 when called by the Invesgator. The pe

oner shall be in deemed custody for Sec on 27 of the Indian Evidence Act, 1872/ Sec on 23 of BSA, 2023. The pe

oner shall join the inves ga on as and when called by the Inves ga ng Officer or any Superior Officer and shall cooperate with the inves ga on at all further stages as required. In the event of failure to do so, the prosecu on will be open to seeking cancella on of the bail. During the inves ga on, the pe

oner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶12The pe

oner shall abide by all statutory bond condi ons and appear before the concerned Court(s) on all dates. The pe

oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

¶13In case the Inves gator/Officer-In-Charge of the concerned Police Sta on arraigns another sec on of any penal offense in this FIR, and if the new sec on prescribes a maximum sentence that is not greater than the sec ons men oned above, then this bail order shall be deemed to have also been passed for the newly added sec on(s). However, suppose the newly inserted sec ons prescribe a sentence exceeding the maximum sentence prescribed in the sec ons men oned above; then, in that case, the Inves gator/Officer-In-Charge shall give the pe

oner no ce of a minimum of seven days, providing an opportunity to avail the remedies available in law.

¶14Notwithstanding anything stated above, if the contraband falls under the commercial quan ty because of the laboratory report, then the pe

oner shall be informed and supplied with a copy of the FSL report. He shall be granted 7 days to file another an cipatory bail applica on before the Sessions Court or this Court seeking bail for commercial quan ty by mee ng the rigors of S. 37 of the NDPS Act. The present bail order shall automa cally stand recalled on the 8th day of the communica on of the report of FSL to the pe

oner.

¶15Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A cer fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe

oner can download this order along with case status from the official web page of this Court and aest it to be a true copy. If the aes ng officer wants to verify its authen city, such an officer can also verify its authen city and may download and use the downloaded copy for aes

¶17Pe//on allowed in terms men oned above. All pending applica ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.11.2024 Jyo/-II

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 11.11.2024 Pronounced on: 28.11.2024 Rajat Dua ...Pe oner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. M.S. Chauhan, Advocate, for the pe oner. Mr. Vikrant Pamboo, Sr. DAG, Haryana. ****