- Court
- High Court of Punjab and Haryana
- Decided
- 16 December 2024
- Bench
- Jasjit Singh Bedi
- Case no.
- CRM-M 32615/2024
Judgment
JASJIT SINGH BEDI, J. rdThe prayer in this 3 petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.0061 dated 20.08.2022 registered under Sections 21(C), 25, 29 of NDPS Act and Section 25 of Arms Act at Police Station Mehta Tehsil and District Amritsar.
¶2The brief facts of the case are that Harwinder Singh alias Kalu and Akashdeep Singh were apprehended and from the possession of Harwinder Singh alias Kalu 263 grams of heroin, a 30 bore pistol along with six cartridges and one magazine were recovered. One .32 bore pistol was recovered from Akashdeep Singh. Harwinder Singh alias Kalu made a disclosure statement that he had purchased the heroin from Ranjot Singh @ Ranjodh Singh @ Bablu (petitioner). ::2::
¶3The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He was not apprehended at the spot but has been nominated as an accused on the basis of a disclosure statement of his co-accused which had little evidentiary value. No recovery of any contraband had been effected from him. There was a violation of the mandatory provisions of the NDPS Act regarding search and seizure including Section 50 of the NDPS Act. The prosecution version was inherently unbelievable. The petitioner was the only male member to look after his mother who is a widow. As he was in custody since 23.08.2022 but none of the 14 prosecution witnesses had been examined so far, the Trial of the present case was not likely to be concluded anytime soon and therefore, he was entitled to the concession of bail.
¶4 On the other hand, the learned State counsel contends that the petitioner was a habitual offender. He was an accused in 10 other cases arising out of FIR No.25 dated 23.04.2018 U/s 307, 365 IPC, Section 25 Arms Act, Sections 21-61-85 NDPS Act, P.S. Mehta, FIR No.45 dated
05.05.2021 U/s 21-61-85 NDPS Act, 25/54/59 Arms Act, P.S. Mehta, FIR No.51 dated 09.07.2016 U/s 399, 402 IPC, 25/54/59 Arms Act, P.S. Mehta, FIR No.12 dated 13.05.2021 U/s 25/54/59 Arms Act, Sections 120B, 148, 149, 399, 402 IPC, P.S. SSOC Amritsar, FIR No.04 dated 13.01.2022, U/s 307, 427, 506, 148, 149 IPC, Section 25 Arms Act, P.S. Ghuman, Police District Batala, FIR No.26 dated 13.03.2022 U/s 307, 323, 365, 511, 506, 148, 149 IPC, Section 25 Arms Act, P.S. Ghuman, Police District Batala, FIR ::3:: No.60 dated 14.08.2022 U/s 160, 336, 148, 149 IPC, Sections 25/27 Arms Act, P.S. Mehta, FIR No.114 dated 19.09.2022 U/s 307, 506, 148, 149 IPC, P.S. Rangar Nangal Police District Batala, FIR No.124 dated 08.10.2022 U/s 307 IPC, Section 25 Arms Act, P.S. Rangar Nangal, Police District Batala and FIR No.133 dated 11.09.2022 U/s 307 IPC, Section 25 Arms Act, P.S. Sadar rd Batala, Police District Batala. The instant petition was the 3 bail application of the petitioner, the last one having been withdrawn as recently as on
26.04.2024 (Annexure P-3). Therefore, keeping in view the antecedents of the petitioner, he was not entitled to the concession of bail, moreso in view of the bar contained in Section 37 of the NDPS Act.
¶5I have heard the learned counsel for the parties. rd6. This is the 3 bail application on behalf of the petitioner. The details of his earlier bail applications are as under:- Sr. No. Bail Application Date of Decision
¶1CRM-M-14490-2023 Dismissed as withdrawn on
09.02.2024
¶2CRM-M-19143-2024 Dismissed as withdrawn on
26.04.2024
¶7The details of FIRs registered against the petitioner are as under:- Sr. No. FIR Nos. and date Sections Police Station
¶1FIR No.25 dated 307, 365 IPC, Section Mehta
23.04.2018 25 Arms Act & Sections 21-61-85 NDPS Act
¶2FIR No.45 dated 21-61-85 NDPS Act & Mehta
05.05.2021 25/54/59 Arms Act,
¶3FIR No.51 dated 399, 402 IPC & Mehta ::4::
09.07.2016 25/54/59 Arms Act
¶4FIR No.12 dated 25/54/59 Arms Act & SSOC Amritsar
13.05.2021 Sections 120B, 148, 149, 399, 402 IPC
¶5FIR No.04 dated 307, 427, 506, 148, 149 Ghuman, Police
13.01.2022, IPC & Section 25 Arms District Batala Act
¶6FIR No.26 dated 307, 323, 365, 511, 506, Ghuman, Police
13.03.2022 148, 149 IPC & Section District Batala 25 Arms Act
¶7FIR No.60 dated 160, 336, 148, 149 IPC Mehta
14.08.2022 & Sections 25/27 Arms Act
¶8FIR No.114 dated 307, 506, 148, 149 IPC Rangar Nangal
19.09.2022 Police District Batala
¶9FIR No.124 dated 307 IPC & Section 25 Rangar NangalPolice
08.10.2022 Arms Act District Batala
¶10FIR No.133 dated 307 IPC & Section 25 Sadar Batala, Police
11.09.2022 Arms Act District Batala
¶8Apparently, the petitioner is a serial offender with 10 other cases registered against him including two other cases under the NDPS Act. No change in circumstances whatsoever have been pointed out by the counsel for ndthe petitioner after the 2 bail application of the petitioner came to be argued and withdrawn as recently as on 26.04.2024 (Annexure P-3). ::5::
¶9This Court in the case of Soni Singh @ Chamkaur Singh Versus State of Punjab, CRM-M-31645-2022, decided on 20.10.2022, held as under:- "Admittedly, the petitioner in the present case is named in the disclosure statement of the arrested accused. Subsequently thereto 3Kgs of Poppy Husk was recovered at his instance which is a non commercial quantity. It may be relevant to mention here that limitations to the grant of bail under Section 37 of the NDPS Act are in addition to those prescribed under Cr.PC or any other law inforce on the grant of bail as has been set out by the Hon'ble Supreme Court in Satpal Singh Vs. State of Punjab 2018(5) RCR (Criminal) 152. In the present case, the petitioner is involved in two other cases under the NDPS Act. Thus, as he is a habitual offender, he is not entitled to the grant of bail even under Section 439 Cr.PC keeping in view his antecedents. Even otherwise, assuming that the rigors of Section 37 of the NDPS Act did not apply to the petitioner, that by itself would not ipso facto lead to the grant of bail to the petitioner. In view of the above discussion, I find no merit in the present petition and the same is therefore dismissed."
¶10Keeping in view the allegations levelled against the petitioner as well as his antecedents, the satisfaction under Section 37 of the NDPS Act that he has not committed an offence and is not likely to commit one in the future cannot be recorded.
¶11In view of the above discussion, I do not deem it appropriate to grant him the concession of bail and therefore, the present petition stands ::6::
¶12However, the Trial Court is directed to conclude the Trial as expeditiously as possible but in any case not later than 06 months from the next date of hearing fixed before it.
¶13A copy of this order be sent to the Commissioner of Police, Amritsar who shall ensure that all the official PWs appear promptly before the Trial Court on the dates fixed for recording of prosecution evidence. (JASJIT SINGH BEDI) JUDGE
16.12.2024 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No ::1::
(215) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: 16.12.2024 RANJOT SINGH @ RANJODH SINGH @ BABLU ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Hitesh Chopra, Advocate for the petitioner. Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab. **** JASJIT SINGH BEDI, J. rdThe prayer in this 3 petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.0061 dated 20.08.2022 registered under Sections 21(C), 25, 29 of NDPS Act and Section 25 of Arms Act at Police Station Mehta Tehsil and District Amritsar.
¶2The brief facts of the case are that Harwinder Singh alias Kalu and Akashdeep Singh were apprehended and from the possession of Harwinder Singh alias Kalu 263 grams of heroin, a 30 bore pistol along with six cartridges and one magazine were recovered. One .32 bore pistol was recovered from Akashdeep Singh. Harwinder Singh alias Kalu made a disclosure statement that he had purchased the heroin from Ranjot Singh @ Ranjodh Singh @ Bablu (petitioner). ::2::
¶3The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He was not apprehended at the spot but has been nominated as an accused on the basis of a disclosure statement of his co-accused which had little evidentiary value. No recovery of any contraband had been effected from him. There was a violation of the mandatory provisions of the NDPS Act regarding search and seizure including Section 50 of the NDPS Act. The prosecution version was inherently unbelievable. The petitioner was the only male member to look after his mother who is a widow. As he was in custody since 23.08.2022 but none of the 14 prosecution witnesses had been examined so far, the Trial of the present case was not likely to be concluded anytime soon and therefore, he was entitled to the concession of bail.
¶4 On the other hand, the learned State counsel contends that the petitioner was a habitual offender. He was an accused in 10 other cases arising out of FIR No.25 dated 23.04.2018 U/s 307, 365 IPC, Section 25 Arms Act, Sections 21-61-85 NDPS Act, P.S. Mehta, FIR No.45 dated
05.05.2021 U/s 21-61-85 NDPS Act, 25/54/59 Arms Act, P.S. Mehta, FIR No.51 dated 09.07.2016 U/s 399, 402 IPC, 25/54/59 Arms Act, P.S. Mehta, FIR No.12 dated 13.05.2021 U/s 25/54/59 Arms Act, Sections 120B, 148, 149, 399, 402 IPC, P.S. SSOC Amritsar, FIR No.04 dated 13.01.2022, U/s 307, 427, 506, 148, 149 IPC, Section 25 Arms Act, P.S. Ghuman, Police District Batala, FIR No.26 dated 13.03.2022 U/s 307, 323, 365, 511, 506, 148, 149 IPC, Section 25 Arms Act, P.S. Ghuman, Police District Batala, FIR ::3:: No.60 dated 14.08.2022 U/s 160, 336, 148, 149 IPC, Sections 25/27 Arms Act, P.S. Mehta, FIR No.114 dated 19.09.2022 U/s 307, 506, 148, 149 IPC, P.S. Rangar Nangal Police District Batala, FIR No.124 dated 08.10.2022 U/s 307 IPC, Section 25 Arms Act, P.S. Rangar Nangal, Police District Batala and FIR No.133 dated 11.09.2022 U/s 307 IPC, Section 25 Arms Act, P.S. Sadar rd Batala, Police District Batala. The instant petition was the 3 bail application of the petitioner, the last one having been withdrawn as recently as on
26.04.2024 (Annexure P-3). Therefore, keeping in view the antecedents of the petitioner, he was not entitled to the concession of bail, moreso in view of the bar contained in Section 37 of the NDPS Act.
¶5I have heard the learned counsel for the parties. rd6. This is the 3 bail application on behalf of the petitioner. The details of his earlier bail applications are as under:- Sr. No. Bail Application Date of Decision
¶1CRM-M-14490-2023 Dismissed as withdrawn on
09.02.2024
¶2CRM-M-19143-2024 Dismissed as withdrawn on
26.04.2024
¶7The details of FIRs registered against the petitioner are as under:- Sr. No. FIR Nos. and date Sections Police Station
¶1FIR No.25 dated 307, 365 IPC, Section Mehta
23.04.2018 25 Arms Act & Sections 21-61-85 NDPS Act
¶2FIR No.45 dated 21-61-85 NDPS Act & Mehta
05.05.2021 25/54/59 Arms Act,
¶3FIR No.51 dated 399, 402 IPC & Mehta ::4::
09.07.2016 25/54/59 Arms Act
¶4FIR No.12 dated 25/54/59 Arms Act & SSOC Amritsar
13.05.2021 Sections 120B, 148, 149, 399, 402 IPC
¶5FIR No.04 dated 307, 427, 506, 148, 149 Ghuman, Police
13.01.2022, IPC & Section 25 Arms District Batala Act
¶6FIR No.26 dated 307, 323, 365, 511, 506, Ghuman, Police
13.03.2022 148, 149 IPC & Section District Batala 25 Arms Act
¶7FIR No.60 dated 160, 336, 148, 149 IPC Mehta
14.08.2022 & Sections 25/27 Arms Act
¶8FIR No.114 dated 307, 506, 148, 149 IPC Rangar Nangal
19.09.2022 Police District Batala
¶9FIR No.124 dated 307 IPC & Section 25 Rangar NangalPolice
08.10.2022 Arms Act District Batala
¶10FIR No.133 dated 307 IPC & Section 25 Sadar Batala, Police
11.09.2022 Arms Act District Batala
¶8Apparently, the petitioner is a serial offender with 10 other cases registered against him including two other cases under the NDPS Act. No change in circumstances whatsoever have been pointed out by the counsel for ndthe petitioner after the 2 bail application of the petitioner came to be argued and withdrawn as recently as on 26.04.2024 (Annexure P-3). ::5::
¶9This Court in the case of Soni Singh @ Chamkaur Singh Versus State of Punjab, CRM-M-31645-2022, decided on 20.10.2022, held as under:- "Admittedly, the petitioner in the present case is named in the disclosure statement of the arrested accused. Subsequently thereto 3Kgs of Poppy Husk was recovered at his instance which is a non commercial quantity. It may be relevant to mention here that limitations to the grant of bail under Section 37 of the NDPS Act are in addition to those prescribed under Cr.PC or any other law inforce on the grant of bail as has been set out by the Hon'ble Supreme Court in Satpal Singh Vs. State of Punjab 2018(5) RCR (Criminal) 152. In the present case, the petitioner is involved in two other cases under the NDPS Act. Thus, as he is a habitual offender, he is not entitled to the grant of bail even under Section 439 Cr.PC keeping in view his antecedents. Even otherwise, assuming that the rigors of Section 37 of the NDPS Act did not apply to the petitioner, that by itself would not ipso facto lead to the grant of bail to the petitioner. In view of the above discussion, I find no merit in the present petition and the same is therefore dismissed."
¶10Keeping in view the allegations levelled against the petitioner as well as his antecedents, the satisfaction under Section 37 of the NDPS Act that he has not committed an offence and is not likely to commit one in the future cannot be recorded.
¶11In view of the above discussion, I do not deem it appropriate to grant him the concession of bail and therefore, the present petition stands ::6::
¶12However, the Trial Court is directed to conclude the Trial as expeditiously as possible but in any case not later than 06 months from the next date of hearing fixed before it.
¶13A copy of this order be sent to the Commissioner of Police, Amritsar who shall ensure that all the official PWs appear promptly before the Trial Court on the dates fixed for recording of prosecution evidence. (JASJIT SINGH BEDI) JUDGE
16.12.2024 JITESH Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No
Case details
Parties and counsel
::1:: (215) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.12.2024 RANJOT SINGH @ RANJODH SINGH @ BABLU ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Hitesh Chopra, Advocate for the petitioner. Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab. ****
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.