Petitioner sought regular bail in an NDPS case alleging drug trafficking. The High Court rejected the bail application, holding the petitioner failed to satisfy mandatory criteria under the NDPS Act despite 180 days of custody.
Bail application dismissed; Special Court directed to conclude trial within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M No. 16489 of 2014 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M No. 16489 of 2014 (O&M)
Date of decision : 19.12.2015
Pawan Goyal
................Petitioner vs.
State of Punjab
.................Respondent
Coram: Hon'ble Mr. Justice Surya Kant Hon'ble Mr. Justice P.B. Bajanthri
Present: Mr. T.S. Sangha, Senior Advocate with Mr. H.S. Sangha, Advocate for the petitioner.
Ms. Reeta Kohli, Additional Advocate General, Punjab with Mr. Vaibhav Sharma, DAG, Punjab.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
P.B. Bajanthri, J.
Petitioner – Pawan Goyal seeks regular bail in the case FIR No. 129 dated 19.9.2013, under Sections 21/22/25/27A/29/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter, for short “NDPS Act') and Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Division No. 6, Ludhiana, District Ludhiana.
(2) As per the allegations contained in the FIR, one ASI Kashmir Singh headed the police party, which was patrolling near
BANITA CHUGH 2015.12.23 11:42 I attest to the accuracy and authenticity of this document chandigarh
CRM-M No. 16489 of 2014 -2-
Cheema Chowk, Ludhiana. They received a secret information that Nitin Goyal s/o Pawan Goyal and Pawan Goyal s/o Ruldu Ram, who were already involved in drug-trafficking, have opened Pharmaceutical Companies known as (i) H.L. Medicines; (ii) Shri Krishna Agencies and (iii) Atlas Pharmaceuticals alongwith their other partners in Ludhiana. Another person, namely, Deepak Soni has also joined hands with them and has set up a Pharmaceutical establishment known as B.G. Pharma at Pindi Estate, Ludhiana and all of them in connivance with each other are dealing in intoxicant medicines like tablets, capsules, syrups, injections and other intoxicant powders without bills, fake bills and by preparing forged documents and are involved in supplying huge quantities to various godowns and supply from there to Pindi Street, Ludhiana and other areas of Punjab to their customers without bills or fake bills with the help of transporters.
(3) Pursuant to secret information, FIR was registered and raids were conducted, whereupon 8,65,000 intoxicant capsules, 1,34,50,000 intoxicant tablets, 12000 intoxicant injections and 1400 intoxicant small bottles of syrup were recovered.
(4) Petitioner - Pawan Goyal was arrested on 28.10.2013. Since then he is in custody. After completion of 180 days challan was not filed. Consequently, petitioner approached Special Court, Ludhiana, seeking for bail. The same was rejected on 29.4.2014. The petitioner contended that police does not require his further custody
for the purpose of investigation. The trial of the case will take a long
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CRM-M No. 16489 of 2014 -3-
time and no useful purpose will be served by keeping him in custody. (5) Per contra, learned State counsel contended that the petitioner is a sort of kingpin in drug-trafficking. He is owner of two firms, namely, Him Pharma and GSB Pharmaceuticals India. M/s Him Pharma dispatched intoxicant drugs through transporters at Ludhiana without valid records as required to be maintained under the law. It was further contended that petitioner is a partner of firm M/s GSB Pharmaceuticals, which manufactures small volume Parentaerals (liquid) and Ophthalmic and is not authorised to manufacture any intoxicant drug. From the search of its premisesm Diazepam Powder 200 grams, Buprenorphine Powder 260 grams and other un-known powders and medicines in the shape of injections and drops were recovered. As per Schedule of NDPS Act, possession of Diazepam Powder and Buprenorphine Powder is illegal without permission if the quantity is more than 20 grams Buprenorphine Powder falls under the 'commercial quantity' and recovery of 260 grams Diazepam falls under non-commercial quantity. Thus, the petitioner is a person who used to manufacture intoxicant drugs in his unit without any valid license. He is also responsible for sending intoxicant drugs without any bills while ignoring the proper procedures through transporters. It was further contended that the report of Chemical Examiner has been received and the same has been presented in the Special Court and so also challan was presented before the Special Court with the time limit of 180 days. Therefore, learned State counsel opposed the regular bail of the petitioner herein.
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CRM-M No. 16489 of 2014 -4-
be rejected.
the trial within six months.
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3 issues framed by the court
Whether the petitioner satisfies the ingredients for regular bail under Section 37(1)(b)(ii) of the NDPS Act.
Whether the petitioner should be granted regular bail after 180 days of custody.
Whether the Special Court has failed to conclude the trial within time limits.
1 provisions across 1 enactments
Pawan Goyal
State of Punjab
P.B. Bajanthri
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
