The Court granted regular bail to the petitioner, who was in custody for over two years and a half, in a second attempt for forgery, and a fourth attempt for NDPS offences involving poppy husk recovery.
Petitioner enlarged on regular bail subject to furnishing adequate bail bonds and surety bonds.
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.
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CRM-M No.11693 of 2021(O&M)
234
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.11693 of 2021(O&M) Date of Decision: 01.04.2022
Raj Kumar Sharma
......Petitioner
Vs
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. PKS Phoolka, Advocate for the petitioner.
Mr. Amit Mehta, Sr. DAG, Punjab.
RAJ MOHAN SINGH, J. (Oral)
Petitioner seeks grant of regular bail under Section 439 Cr.P.C in his fourth attempt in case bearing FIR No.072 dated 07.09.2019 registered under Sections 15 and 25 of the NDPS Act at Police Station Sadar Rampura, Bathinda, District Bathinda.
Earlier CRM-M No.7658 of 2020, CRM-M No.25225 of 2020 and CRM-M No.44222 of 2020 were got dismissed as withdrawn at the relevant time.
The present FIR was lodged with the allegations that the police party was travelling in a Government vehicle and
PRINCE SAINI 2022.04.01 16:40 I attest to the accuracy and integrity of this document
CRM-M No.11693 of 2021(O&M) 2
when the police party reached near the bridge, they found that a canter was standing on the left side of the road covered with black tarpal (tarpaulin). One person was sitting on the driver seat. On seeing the police party, he became nervous and started moving backside. ASI apprehended the person with the help of fellow companions. In the meanwhile, one Gurmit Singh came to the spot and he was associated by the police party. On being asked, the person disclosed his name as Raj Kumar Sharma. ASI disclosed his identity and told him that he has to search the vehicle under NDPS Act. Police officer told the accused about his right to be searched before the gazetted officer or Magistrate. The consent memo was prepared and thereafter, as per the consent, DSP Rampura Phul was called. During process of search, 180 kgs of poppy husk was recovered in 10 bags, each containing 18 kgs. After police proceedings, the case property was taken in police possession.
Learned counsel for the petitioner submits that the petitioner is having clean antecedents and he is not involved in any other NDPS Act. He is in custody since 10.09.2019. Learned counsel refers to CRM-M No.20566 of 2019 titled
Veeru Vs. State of Punjab decided on 19.11.2019, CRM-M No.41779 of 2020 titled Gurpeet Singh Vs. State of Punjab decided on 17.12.2020, CRM-M No.17481 of 2020 titled Mani
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CRM-M No.11693 of 2021(O&M)
Singh @ Maddi Vs. State of Punjab decided on 22.07.2020 and CRM-M No.25382 of 2020 titled Gurbaksh Singh Vs.
State of Punjab decided on 02.09.2020 to contend that in case, the accused is not involved in other NDPS case, then the long custody itself can be considered for grant of regular bail de hors the nature of quantity. As of now, the petitioner has undergone incarceration of 2 years, 6 months and 21 days. As per custody certificate, there is no other NDPS case against the petitioner, except FIR No.118 dated 05.03.2013 under Sections 420, 467, 468, 471, 120-B IPC, Police Station Theog (Himachal Pradesh), in which the petitioner is on bail.
On the other hand, learned State counsel opposed the bail on the ground that the recovery is of commercial quantity. He, however, admits that no prosecution witness has been examined so far due to the situation arising out of COVID-19 Pandemic.
Be that as it may, the petitioner has undergone 2 years, 6 months and 21 days of actual custody as of now. The trial has not commenced so far. The petitioner is not involved in any other NDPS case, except under IPC, in which he is on bail.
At this stage, without forming any opinion on merits of the case, I deem it appropriate to enlarge the petitioner on regular bail subject to his furnishing adequate bail bonds and
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CRM-M No.11693 of 2021(O&M) 4
surety bonds to the satisfaction of the trial Court/Duty
Magistrate.
Nothing expressed hereinabove, would be construed to
be an opinion on merits of the case.
(RAJ MOHAN SINGH) 01.04.2022 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No
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2 issues framed by the court
Whether the petitioner is eligible for regular bail under Section 439 Cr.P.C after lengthy incarceration.
Whether mere delay in trial and length of detention justifies bail release.
2 provisions across 2 enactments
Raj Kumar Sharma
State of Punjab
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
