High Court granted regular bail to petitioner named in NDPS and Corruption Act case, considering no recovery from him and likelihood of long trial, subject to furnishing bonds.
Regular bail granted subject to furnishing adequate bail bonds to the satisfaction of the Chief Judicial Magistrate or Duty Magistrate.
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-52043-2021
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205
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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CRM-M-52043-2021 Date of decision: 20.12.2021
Jatinder Kumar Arora @ Vicky
Petitioner
Versus
State of Punjab
Respondent
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Sonpreet Singh Brar, Advocate for the petitioner.
Mr. Gaurav Garg Dhuriwala and Mr. Amit Mehta, Senior Deputy Advocate General, Punjab.
AVNEESH JHINGAN, J (Oral):
[1] This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR No. 344, dated 13th July, 2020, under Sections 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short 'NDPS Act'] (Sections 7, 13 of the Prevention of Corruption (Amended) Act, 2018 [for short 'P.C. Act.'] and Sections 465, 467, 468, 471, 120-B IPC were added later on), registered at Police Station City Barnala, District Barnala.
[2] Brief facts of the case are that FIR was registered on the basis of secret information that Palo Kaur was indulged in selling of narcotic substances. The information was acted upon and Palo Kaur
PANKAJ BAWEJA 2021.12.20 15:51 I attest to the accuracy and integrity of this document High Court, Sector 1, Chandigarh
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was apprehended. The recovery of 580 tablets of Clovidol 100s Intoxicant was effected from her on 13th July, 2020. During interrogation, she named Gaurav Aggarwal and Dheerendra Singh. They were apprehended on 14th July, 2020. The recovery effected from them
is as under:-
| Gaurav Aggarwal | 108000 tablets of Alprazolam |
|---|---|
| Dheerendra Singh | 7500 tablets of Buprenophine Injection IP Leegesic |
| 570000 tablets of Alprasafe 0.5 | |
| Joint Possession of Gaurav Aggarwal and Dheerendra Singh |
165 Injections of Leegesic 2552 Capsule of Simplex Plus 4740 Capsule of Foridol 500 Tablets of Clovidol 500 Tablets of Prozolam |
| Rs. 35,000/- Drugmoneyfrom their house |
On the basis of interrogation from Gaurav Aggarwal and Dheerendra Singh, the names of Kapil Arora, Raghu Raja and Vikas Mangal surfaced on 20th July, 2020. The recovery effected from them is as under:-
| Raghu Raja | 50000 Tablets of Clovidol SR |
|---|---|
| 40000 Tablets of Alko-1 | |
| Rs. 48,58,800/- drugmoneyfrom his house | |
| Vikas Mangal | 10000 Capsules of Foridol |
| 24000 Tablets of Clozerid-2 | |
| Rs, 11,75,000/- drug money from different houses. |
During interrogation on 22nd July, 2020, Harish Bhatia @ Raju Sachdeva, Gourav Arora (Director of Neutec Health Care Pvt. Ltd.), Krishan Arora (father of Gourav Arora), Rakesh Bansal @ Nikka were nominated. The recovery of 4000 Tablets of Cleam Kit and 4000 bottles
PANKAJ BAWEJA 2021.12.20 15:51 I attest to the accuracy and integrity of this document High Court, Sector 1, Chandigarh
CRM-M-52043-2021
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of Eskuf syrup was effected from Harish Bhatia @ Raju Sachdeva on 29th July, 2020. During interrogation of Harish Bhatia @ Raju Sachdeva, Gaurav Aggarwal, Dheerendra Singh, Raghu Raja, Kapil Arora and Vikas Mangla, the petitioner (Jatinder Kumar Arora @ Vicky) was nominated. The role attributed to the petitioner is that he facilitated the accused and he acted as a link between accused and police official.
[3] Mr. Sonpreet Singh Brar, learned counsel for the petitioner submits that petitioner is in custody since 22nd September, 2020. He was named during interrogation of Gaurav Aggarwal and Dheerendra Singh. He was produced on production warrant, no recovery was effected from him. It is further contended that petitioner was nominated due to his involvement in another FIR under the NDPS Act. The allegations against the petitioner are under P.C. Act. He relies upon the fact that co-accused Kapil Arora and S.I. Surjit Singh were granted regular bail by this Court on 28th May, 2021 and 8th June, 2021.
[4] Learned State counsel opposes the prayer for grant of bail and submits that heavy recovery was made in the scam. Petitioner is involved in another FIR under the NDPS Act.
[5] Heard the learned counsel for the parties at some length and perused the pleadings.
[6] It is forthcoming that there was no recovery from the petitioner, he was named during the interrogation of Gaurav Aggarwal and Dheerendra Singh. The evidentiary value of the statement would be subject matter of trial. Considering that investigation is complete,
PANKAJ BAWEJA 2021.12.20 15:51 I attest to the accuracy and integrity of this document High Court, Sector 1, Chandigarh
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CRM-M-52043-2021
challan stands presented and conclusion of trial is likely to take time, the petitioner is granted bail subject to his furnishing adequate bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned.
[8] It is clarified that nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case.
[AVNEESH JHINGAN] JUDGE
20th December, 2021
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: Yes : Yes
PANKAJ BAWEJA 2021.12.20 15:51 I attest to the accuracy and integrity of this document High Court, Sector 1, Chandigarh
1 issue framed by the court
Whether bail should be granted to the petitioner who was nominated as a link between accused and police officials without any recovery being made from him.
1 provisions across 1 enactments
Jatinder Kumar Arora
State of Punjab
AVNEESH JHINGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
