Charanjit Singh Vs State of Punjab

Present Second petition has been filed under Section 483 of th e BNSS, 2023 for grant of regular bail to th e petitioner in case bearing FI R No.62 date d 19.06.2007, registered for t he offences punishable unde r Sections 15, 61, 85 of the Narcotic Drugs a n d Psychotropic Substances Act , 1955 (herei n after referred to as ‘NDPS Act, 1985’, at Police Station Sada r Malerkotla ( n ow P.S. Sandaur), District Mal e rkotla. 2. The case set up in the FIR in q u estion (as set out in the presen t petition by t h e petitioner) is as follows:-

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" I alongwith HC Matwinder Singh 1 236, HC Balwinder singh 518, SP O Darbara singh: 529, PHG Roop Si n gh 4158, PHG Balbir Singh, 2665 9 were gong for patrolling and investi g ation in a private vehicle no.HR-32 A 1928 driven by me from village K h erri to village Abdulpura and when, the police party reached near Dav a Mandi then from the opposite sid e

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MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-17522-2025 (O&M)

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Tata Sumo jeep colour white No.HR- 2 3-A-7289, the time would be about 7 A M on suspicion I stopped my car a nd after getting down from the ca r signaled them to stop. Three men a n d one female sitting in the jeep go t p erplexed. Driver who was aged abo u t 24 years height 5'4", person sittin g next to the driver was aged about 2 8 years height 6' were apprehende d with the help of companions, but he persons sitting on the back seat wa s aged about 50 years, height 5'7" wea r ing shirt and pyjama and a parna o n the head. The lady was aged about 50 years height 4'8", elited from th e Tata sumo jeep and ran away. They w ere followed. Suddenly Kirpal Sing h S/O Gurmel singh came who was included in the police party. One preso n and the lady were successful in runn i ng away. Then HC Matwinder Sing h and Kirpal singh asked the name f r om the persons apprehended out o f which the driver told his of name as c haranjit Singh S/o Budh Singh cast e Sensi, R/o H.No. 1062 Dugri Urba n Estate-1, Ludhiana and the perso n sitting next to him told his name a s Bara singh S/O Inder Singh cast e Sansi r/o Village Phillewal Passi N agar, Ludhiana. The name of th e p erson who ran away was told as R am singh s/o Puran Singh and th e name of the lady as Mukhtiar Ka u r w/o Ram Singh, caste Sansi, R/ o Phullewal Passi Nagar, Ludhiana. Th en I asked the persons apprehende d some intoxicants in your tata sumo j eep due to which tata sumo is to b e searched you have a legal right that you can get the search conducted b y calling any magistrate or a gazette d officer. Then both the persons gav e statement that there is no need to ca l l any magistrate or a gazetted office r f or conducting their search or of th e tata sumo jeep you can conduct th e search of the tata sumo jeep of us. O n which their consent memos wer e p repared separately and were read o ver to them who after admitting th e contents to be true signed the consen t memos. Then I in the presence of th e witnesses unloaded 2 bags from the b ack side of the tata sumo jeep no.HR - 23-A7289. Poppy husk was found f r om the said bags. Separate sample s were prepared from both the bags a fter taking 250/250 grams of popp y husk from both the bags. They were n umbered as No.1, 1A and 2, 2A. O n weighing rest of the bags the weight c ame out to be 29 Kgs 500/29 Kg 50 0 grams alongwith the bags. The parc e l of the bags was also prepared an d were numbered as 1 and 2. The par c els of 250/250 grams and the parce l of bags 29/29 Kg were sealed with m y seal mark BS. The sample seal wa s

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MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-17522-2025 (O&M)

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p repared and the seal after use w ere handed over to Hardial Singh. Photocopy of RC No.HR-23-A-7289 was found which is in the name o f Mahinder singh C/o Shimla Oil C o mpany, Hargobind Nagar, Ludiana. Both the bags alongwith seal mark B S and the sample seal Tata Sumo jee p HR-23A7289 and photocopy of the RC were taken into possession vid e separate recovery memo which was s igned by the witnesses. On persona l search of charanjit Singh a D/L n o.096576 and Rs. 100/- cash wer e recovered from the front pocket of R s.50/- were recovered from the fron t p ocket of Bara Singh. Which were taken into possession vide separat e recovery memos which were signed b y both Charanjit Singh, Bara Singh, Ram Singh and Korri alias Mukhtiar Kaur have committed an offence U/ s 15/61/85 of the NDPS Act by keepin g illegal custody of 60 Kgs of popp y husk. As such ruqa is being sent fo r registration of the case against th e aforesaid persons, through PHG R o op Singh. Case no. may kindly b e intimated after registering the same. I alongwith the police party am bus y in investigation at the spot. Specia l reports may kindly be issued. Sd/ - Bhupinder singh, ASI. ”

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Learned counsel for the petitioner has iterated that the petitione r is in custod y since 19.06.2007 and was gr a nted the concession of regula r bail on 20.1 2 .2007. Learned counsel has fu r ther iterated that, on account o f circumstanc e s beyond the control of the p e titioner, he was declared as a proclaimed o ffender and came to be re-a r rested on 02.09.2024. Learne d counsel has s ubmitted that the petitioner has suffered further incarceration o f about 10 m o nths after his being re-arreste d . Learned counsel has furthe r submitted t h at the prosecution case suffer s from inherent defects as th e mandatory provisions of the NDPS Act, 19 8 5 were not adhered to. On th e strength of t hese submission, learned coun s el has prayed for the grant o f regular bail.

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MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-17522-2025 (O&M)

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Learned State counsel has o p posed the present petition b y arguing that the allegations raised against th e petitioner are serious in natur e and, thus, h e does not deserve the concessi o n of the regular bail. Learne d State counsel seeks to place on record cust o dy certificate dated 20.07.202 5 in Court, wh i ch is taken on record.

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I have heard counsel for the riv a l parties and have gone throug h the available records of the case. 6. It is not in dispute that the petitioner was granted the concessio n of regular bail on 20.12.2007. Indubit a bly, the petitioner remaine d proclaimed o ffender for a long time and w as re-arrested on 02.09.2024 . However, th e fact remains that the petition e r has suffered incarceration fo r more than 10 months after him being re- a rrested, and the contraband i n question is 6 0 kg of poppy-husk. The rival c o ntentions raised at Bar give ris e to debatable issues which shall be ratiocin a ted upon during the course o f trial. This C o urt does not deem it appropria t e to delve deep into these riva l contentions, at this stage, lest it may prejudi c e the trial. Nothing tangible ha s been brough t forward to indicate the likelih o od of the petitioner abscondin g from the pr o cess of justice or interfering with the prosecution evidence. A s per custody certificate dated 20.07.2025 fil e d by the learned State counsel , the petitione r has already suffered incarcerat i on for a period of more than 1 0 months and 18 days after him being re- a rrested & is not shown to b e involved in a ny other case.

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MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-17522-2025 (O&M)

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Suffice to say, further dete n tion of the petitioner as a n undertrial is n ot warranted in the facts and ci r cumstances of the case. 7. In view of above, the present p etition is allowed. Petitioner i s ordered to b e released on regular bail on hi s furnishing bail/surety bonds t o the satisfact i on of the Ld. concerned CJ M /Duty Magistrate. However, i n addition to c onditions that may be impos e d by the concerned CJM/Dut y

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Magistrate, t h e petitioner shall remain boun d by the following conditions:-

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(i) The petitioner shall not m is-use the liberty granted. (ii) The petitioner shall not t a mper with any evidence, oral or documentary, during t h e trial.

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(iii) The petitioner shall not a b sent himself on any date befor e the trial.

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(iv) The petitioner shall not c o mmit any offence while on bail.

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(v) The petitioner shall deposit his passport, if any, with th e trial Court.

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(vi) The petitioner shall giv e his cellphone number to th e Investigating Officer/SH O of concerned Police Statio n and shall not change his c ell-phone number without prio r permission of the trial Co u rt/Illaqa Magistrate.

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(vii) The petitioner shall not i n any manner try to delay th e trial.

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In case of breach of any of th e aforesaid conditions and thos e which may be imposed by concerned CJ M /Duty Magistrate as directe d hereinabove or upon showing any other sufficient cause, th e

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MAHAVIR SINGH 2025.07.21 19:07 I attest to the accuracy and authenticity of this order/ judgment

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CRM-M-17522-2025 (O&M)

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State/compl a inant shall be at liberty to m o ve cancellation of bail of th e

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petitioner.

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