Kamaljit Singh Gill Alias Kamaljit Singh v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta1on Sec1ons 45 08.06.2022 Sadar Raikot, Dis/. Ludhiana 18, 25, 29, 61 of NDPS Act

¶1The pettoner apprehending arrest in the FIR captoned above has come up before this Court under Secton 482 of Bharatya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking antcipatory bail.

¶2Vide order dated 27.09.2024, the pettoner was granted interim bail/ protecton, which contnues to date.

¶3In paragraph 13 of the bail petton, the accused declares that he has no criminal antecedents.

¶4The facts and allegatons are taken from the status report filed by the State. On

08.06.2022, based on secret informaton, the Police seized 1 kg 250 gams opium from the possession of co-accused Gurtej Singh @ Teji. The co-accused in his disclosure statement disclosed that he purchased 250 grams opium from the pettoner on

08.06.2022 The Investgator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

¶5The pettoner's counsel argued that the pettoner has been nominated in the present case on the basis of disclosure statement of co-accused Gurtej Singh @ Teji. He submits that the co-accused Gurtej Singh @ Teji and Ranjit Kaur @ Rani have already been released on regular bail by the trial Court, vide Annexures P-2 and P-3. He furtherJYOTI order/judgment. 1 submits that another co-accused Karnail Singh @ Babbu, who was also nominated on the basis of disclosure statement, has also been granted concession of antcipatory bail by the trial Court vide Annexure P-4.

¶6The pettoner's counsel prays for bail by imposing any stringent conditons. The pettoner's counsel argued that the custodial investgaton would serve no purpose whatsoever and the pre-trial incarceraton would cause an irreversible injustce to the pettoner and family.

¶7The State's counsel opposes bail and refers to the status report.

¶8It would be appropriate to refer to the following portons of the status report, which read as follows: "15. That the role of the pettoner in this case is that he used to purchase opium and poppy husk along with accused Gurtej Singh @ Teji from Jharkhand and Madhya Pradesh States and sell the same in Punjab. He also purchased 250 grams opium from accused Gurtej Singh @ Teji.

¶16That the pettoner is involved in smuggling actvites of selling opium and poppy husk to the people a)er purchasing the same from other states. Enquiries are to be made from him about the names and addresses of the persons who sold opium and poppy husk to the pettoner and also the name of persons to whom he used to sell these intoxicant materials. Enquiries are also made from him what property he has obtained or purchased with the help of drug money. The pettoner does not deserve the concession of antcipatory bail. Custodial interrogaton of the pettoner is required to the Investgatng Officer." REASONING:

¶9An analysis of the above would lead to the following outcome.

¶10The quantty involved is 1 kg 250 grams opium, which is primafacie non-commercial.

¶11Given this, the rigors of S. 37 of the NDPS Act do not apply in the present case.

¶12The pettoner was granted interim protecton and he was named on the basis of disclosure statement. The co-accused has already been granted the benefit of bail. During the interregnum, there is no allegaton that he had intmidated the witnesses, hampered the investgaton, or did not join the trial. order/judgment. 2

¶13The evidence might be primafacie sufficient to launch prosecuton or to frame charges, but this Court is not considering the evidence at that stage but is analyzing the same for the bail stage.

¶14Without commentng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentoned above, the pettoner makes a case for bail.

¶15Given the above, there would be no justficaton to discontnue the interim protecton, which is made absolute subject to the pettoner complying with the terms of the bail order and the following additonal conditons.

¶16The pettoner is directed to join the investgaton as and when called by the Investgator. The pettoner shall be in deemed custody for Secton 27 of the Indian Evidence Act. The pettoner shall join the investgaton as and when called by the Investgatng Officer or any Superior Officer and shall cooperate with the investgaton at all further stages as required. In the event of failure to do so, the prosecuton will be open to seeking cancellaton of the bail. During the investgaton, the pettoner shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶17Given the background of allegatons against the pettoner, it becomes paramount to protect the witnesses, and members of society, detecton staff and incapacitatng the accused would be one of the primary optons untl the filing of the closure report or discharge, or acqui/al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restricton is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sancton]. Given the nature of the allegatons and the other circumstances peculiar to this case, the pettoner shall surrender all weapons, firearms, and ammuniton, if any, along with the arms license to the concerned authority within fiNeen days and inform the Investgator about the compliance. However, subject to the Indian Arms Act, 1959, the pettoner shall be enttled to renew and take it back in case of acqui/al, provided otherwise permissible in the concerned rules. Restrictng firearms would instll confidence in the victm(s), their families, and society; it would also restrain the accused from influencing the witnesses and repeatng the offense.

¶18This bail is condi#onal, and the founda#onal condi#on is that if the pe##oner indulges in any non-bailable offense, the State shall file an applica#on for cancella#on of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

¶19The conditons mentoned above imposed by this court are to endeavor to reform order/judgment. 3 and ensure the accused does not repeat the offense and also to block the menace of drug abuse. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Petton (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon'ble Supreme Court holds that "The bail conditons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be proportonal to the purpose of imposing them. The courts, while imposing bail conditons must balance the liberty of the accused and the necessity of a fair trial. While doing so, conditons that would result in the deprivaton of rights and libertes must be eschewed."

¶20The concerned trial court is authorized to delete, modify, or relax any of the above conditons and shall be competent to do so in accordance with the law.

¶21Any observaton made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶22Pe11on allowed in terms mentoned above. Interim order dated 27.09.2024 is made absolute. All pending applicatons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.02.2025 Jyo1-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 15.02.2025 Pronounced on: 28.02.2025 Kamaljit Singh Gill @ Kamaljit Singh ...Pettoner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Harjot Goyal, Advocate for Mr. Monty Goyal, Advocate, for the pettoner. Mr. Sukhdev Singh, AAG, Punjab. ****