Allowed

Harjit Singh @ Happy v. State of Punjab

Punjab & Haryana HC22 Aug 2023CRM-M/20338/2022

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted bail to a petitioner accused of possessing commercial quantity of narcotics. The Court ruled that lengthy pre-trial custody warranted bail under specific stringent conditions, including limiting mobile connections and surrendering firearms.

What did the court decide?

Petitioner released on bail upon furnishing a bond and adhering to strict conditions including limiting SIM cards and surrendering weapons.

Harjit Singh @ Happy Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2023)

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CRM-M-20338-2022

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2023:PHHC:108917

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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204

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CRM-M-20338-2022 Date of Decision: 22.08.2023

Harjit Singh @ Happy

...Pe��oner

Versus

State of Punjab

…Respondent

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. P.S. Sekhon, Advocate, for the pe��oner.

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Mr. Karunesh Kaushal, AAG, Punjab.

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta�on	Sec�ons
42	25.02.2021	Dehlon, District Ludhiana	21 of NDPS Act

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The pe��oner incarcerated for viola�ng the above-men�oned provisions of Narco�cs Drugs and Psychotropic Substances Act, 1985 (NDPS Act) per the FIR cap�oned above, on the allega�ons of possession of commercial quan�ty, has come up before this Court under Sec�on 439 CrPC seeking bail.

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In paragraph 15 of the bail pe��on, the accused declares that he has no criminal antecedents.

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Pe��oner's counsel prays for bail by imposing any stringent condi�ons and is also voluntarily agreeable to the condi�on that �ll the conclusion of the trial before the trial court, the pe��oner shall keep only one mobile number, which is men�oned in AADHAR card, and within fi�een days of release from prison undertakes to disconnect all other mobile numbers. The pe��oner contends that the further pre-trial incarcera�on would cause an irreversible injus�ce to the pe��oner and family.

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While opposing the bail, the conten�on on behalf of the State is that the quan�ty of contraband involved in the case falls in the commercial category.

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On the basis of secret informa�on, the police recovered 1800 tablets of Tramadol from the Ac�va of the pe��oner.

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JYOTI 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment.

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REASONING:

As per paragraph 10 of the pe��on, the pe��oner is in custody since 25.02.2021. The pe��oner indisputably has no criminal antecedents and has already complete pretrial custody exceeding two years and six months. Thus, he is en�tled to bail based on Dheeraj Kumar Shukla v. The State of U�ar Pradesh [SLP (Crl) 6690-2022], decided on 25 Jan 2023. Dheeraj Shukla would be a�racted only when the three condi�ons are fulfilled,

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(a). The custody of more than 2 years and 6 months and the delay was not a�ributable to accused.

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(b). Trial is at an ini�al stage.

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As per custody cer�ficate dated 21.08.2023, the custody of the pe��oner is 02 years, 05 months and 23 days which can be considered for bail at this stage as the same is approximately to the custody required in Dheeraj Shukla case.

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The pe��oner fulfills all the three condi�ons and thus, sec�on 37 of NDPS Act would not be a�racted. The possibility of the accused influencing the inves�ga�on, tampering with evidence, in�mida�ng witnesses, and the likelihood of fleeing jus�ce, can be taken care of by imposing elabora�ve and stringent condi�ons. In Sushila Aggarwal v. State (NCT of Delhi), 2020:INSC:106 [Para 92], (2020) 5 SCC 1, Para 92, the Cons�tu�onal Bench held that unusually, subject to the evidence produced, the Courts can impose restric�ve condi�ons.

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8. Without commen�ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men�oned above, the pe��oner makes a case for bail, subject to the following terms and condi�ons, which shall be over and above and irrespec�ve of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.

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In Madhu Tanwar and Anr. v. State of Punjab, 2023:PHHC:077618 [Para 10, 21] , CRM-M-27097-2023, decided on 29-05-2023, this court observed,

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[10] The exponen�al growth in technology and ar�ficial intelligence has transformed iden�fica�on techniques remarkably. Voice, gait, and facial recogni�on are incredibly sophis�cated and pervasive. Impersona�on, as we know it tradi�onally, has virtually become impossible. Thus, the remedy lies that whenever a judge or an officer believes that the accused might be a flight risk or has a history of fleeing from jus�ce, then in such cases, appropriate condi�ons can be inserted that all the expenditure that shall be incurred to trace them, shall be recovered from such person, and the State shall have a lien over their assets to make good the loss.

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JYOTI 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment.

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[21] In this era when the knowledge revolu�on has just begun, to keep pace with exponen�al and unimaginable changes the technology has brought to human lives, it is only fi�ng that the dependence of the accused on surety is minimized by giving alterna�ve op�ons. Furthermore, there should be no insistence to provide permanent addresses when people either do not have permanent abodes or intend to re-locate.

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Given above, provided the pe��oner is not required in any other case, the pe��oner shall be released on bail in the FIR cap�oned above, in the following terms :

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(a). Pe��oner to furnish personal bond of Rs. Ten thousand (INR 10,000/); AND

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(b) To give one surety of Rs. Twenty-five thousand (INR 25,000/-), to the sa�sfac�on of the concerned court, and in case of non-availability, to any nearest Illaqa Magistrate/duty Magistrate. Before accep�ng the surety, the concerned officer/court must sa�sfy that if the accused fails to appear in court, then such surety can produce the accused before the court.

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(b). Pe��oner to hand over to the concerned court a fixed deposit for Rs. Ten thousand only (INR 10,000/-), with the clause of automa�c renewal of the principal and the interest rever�ng to the linked account, made in favor of the ‘Chief Judicial Magistrate’ of the concerned district, or blocking the aforesaid amount in favour of the concerned ‘Chief Judicial Magistrate’. Said fixed deposit or blocking funds can be from any of the banks where the stake of the State is more than 50% or from any of the well-established and stable private sector banks. In case the bankers are not willing to make a Fixed Deposit in such eventuality it shall be permissible for the pe��oner to prepare an account payee demand dra� favouring concerned Chief Judicial Magistrate for the similar amount.

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(c). Such court shall have a lien over the funds un�l the case's closure or discharged by subs�tu�on, or up to the expiry of the period men�oned under S. 437-A CrPC, 1973, and at that stage, subject to the proceedings under S. 446 CrPC, the en�re amount of fixed deposit, less taxes if any, shall be endorsed/returned to the depositor.

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(d). The pe��oner is to also execute a bond for a�endance in the concerned court(s) as and when asked to do so. The presenta�on of the personal bond shall be deemed acceptance of the declara�ons made in the bail pe��on and all other s�pula�ons, terms, and condi�ons of sec�on 438(2) of the Code of Criminal Procedure, 1973, and of this bail

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JYOTI 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment.

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order.

(e). While furnishing personal bond, the pe��oner shall men�on the following personal iden�fica�on details:

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AADHAR number 2. Passport number of an Indian ci�zen, (If available), when the a�es�ng officer/court deems appropriate or considers the accused as a flight risk.

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Mobile number (If available) 4. E-Mail id (If available)

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The pe��oner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence.

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Pe��oner to comply with their undertaking made in the bail pe��on, made before this court through counsel as reflected at the beginning of this order or in earlier orders. If the pe��oner fails to comply with any of such undertakings, then on this ground alone, the bail might be canceled, and the vic�m/complainant may file any such applica�on for the cancella�on of bail, and the State shall file the said applica�on.

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The pe��oner is directed not to keep more than one prepaid SIM, i.e., one prepaid mobile phone number, �ll the conclusion of the trial; however, this restric�on is only on prepaid SIMs [mobile numbers] and not on post-paid connec�ons or landline numbers . The pe��oner must comply with this condi�on within f�een days of releasei from prison. The concerned DySP shall also direct all the telecom service providers to deac�vate all prepaid SIM cards and prepaid mobile numbers issued to the pe��oner, except the one that is men�oned as the primary number/ default number linked with the AADHAAR card and further that �ll the no objec�on from the concerned SHO, the mobile service providers shall not issue second pre-paid SIM/ mobile number in the pe��oner’s name. Since, as on date, in India, there are only four prominent mobile service providers, namely BSNL, Airtel, Vodafone-Idea, and Reliance Jio, any other telecom service provider are directed to comply with the direc�ons of the concerned Superintendent of Police/Commissioner of Police, issued in this regard and disable all prepaid mobile phone numbers issued in the name of the pe��oner, except the main number/default number linked with AADHAR, by taking such informa�on from the pe��oner’s AADHAR details or any other source, for which they shall be legally en�tled

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JYOTI 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment.

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by this order. This condi�on shall con�nue �ll the comple�on of the trial or closure of the case, whichever is earlier. In Vernon v. The State of Maharashtra, 2023 INSC 655 , [para 45], while gran�ng bail under Unlawful Ac�vi�es (Preven�on) Act, 2002, Supreme Court had directed imposi�on of the similar condi�on, which reads as follows, “(d) Both the appellants shall use only one Mobile Phone each, during the �me they remain on bail and shall inform the Inves�ga�ng Officer of the NIA, their respec�ve mobile numbers.”

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Given the nature of the allega�ons and the other circumstances peculiar to this case, the pe��oner shall surrender all weapons, firearms, ammuni�on, if any, along with the arms license to the concerned authority within f�een days from release fromi prison and inform the Inves�gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe��oner shall be en�tled to renew and take it back in case of acqui�al in this case, provided otherwise permissible in the concerned rules.

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During the trial's pendency, if the pe��oner repeats or commits any offence where the sentence prescribed is more than seven years or violates any condi�on as s�pulated in this order, it shall always be permissible to the respondent to apply for cancella�on of this bail. It shall further be open for any inves�ga�ng agency to bring it to the no�ce of the court seized of the subsequent applica�on that the accused was earlier cau�oned not to indulge in criminal ac�vi�es. Otherwise, the bail bonds shall remain in force throughout the trial and a�er that in Sec�on 437-A of the Cr.P.C., if not canceled due to non-appearance or breach of condi�ons.

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The condi�ons men�oned above imposed by this court are to endeavour that the accused does not repeat the offence and to ensure the safety of the society. InMohammed Zubair v. State of NCT of Delhi , 2022:INSC:735 [Para 28] , Writ Pe��on (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 condi�ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor�onal to the purpose of imposing them. The courts while imposing bail condi�ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi�ons that would result in the depriva�on of rights and liber�es must be eschewed.”

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Any Advocate for the pe��oner and the Officer in whose presence the pe��oner puts signatures on personal bonds shall explain all condi�ons of this bail order in any language that the pe��oner understands.

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If the pe��oner finds bond amount beyond social and financial reach, it may be JYOTI brought to the no�ce of this Court for appropriate reduc�on. Further, if the pe��oner 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment. 5

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finds bail condi�on(s) as viola�ng fundamental, human, or other rights, or causing difficulty due to any situa�on, then for modifica�on of such term(s), the pe��oner may file a reasoned applica�on before this Court, and a�er taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condi�on.

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Any observa�on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

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In return for the protec�on from incarcera�on, the Court believes that the accused shall also reciprocate through desirable behavior.

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There would be no need for a cer�fied copy of this order for furnishing bonds, and any Advocate for the Pe��oner can download this order along with case status from the official web page of this Court and a�est it to be a true copy. In case the a�es�ng officer wants to verify the authen�city, such an officer can also verify its authen�city and may download and use the downloaded copy for a�es�ng bonds.

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Pe��on allowed in aforesaid terms . All pending applica�ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE 22.08.2023 Jyo�-II Whether speaking/reasoned: Yes Whether reportable: No.

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JYOTI 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment.

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Harjit Singh @ Happy v. State of Punjab

Case brief

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Harjit Singh @ Happy v. State of Punjab

Case brief

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