Punjab-Haryana High Court
Gurdev Singh vs State Of Haryana on 20 December, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:172434
CRM-M-63440-2024 -1- 2024:PHHC:172434
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
210 CRM-M-63440-2024
DECIDED ON: 20.12.2024
GURDEV SINGH
.... PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. S.S.Sandhawalia Advocate
for the petitioner.
Mr. Chetan Sharma, DAG, Haryana..
SANDEEP MOUDGIL, J
1. RELIEF SOUGHT
The jurisdiction of this court has been invoked for second time
under section 483 BNSS, 2023, for grant of regular bail in the case arising
out of FIR No.895 dated 30.12.2023(Annexure P-1) registered under Section
18,61,85 of Narcotic Drugs and Psychotropic Substance Act, 1985(for short-
NDPS Act) at Police Station Sadar Thanesar, District Kurukshetra.
2. The contents of the FIR read as under :-
“SHO P.S. Sadar Thanesar, ‘Jai Hind’. Today on
30.12.2023, I, SI Naresh Kumar No.318A, ANC KKR
alongwith HC Pawan Kümar No.757/KKR, Ct. Vikram
Kumar No.98/KKR, Ct. Dinesh Kumar No.310/KKR and
SPO Sanjay Kumar No.201/KKR in Government vehicle
No.HR-07-GV-7171 Mark Bolero, whose driver was HC
Vinod Kumar No.341/KKR was present at Anti Narcotic1 of 8
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Cell, Kurukshetra at around 07.30 PM, where at around
7.40 PM, a special informer came present at ANC KKR
and met me, SI and gave secret information that Gurmeet
Singh son of Gurdev Singh, r/o Village Barot, P.S. Ladwa,
District Kurukshetra and Gurdev Singh son Kartar Singh,
resident of Village Barot, P.S. Ladwa, District
Kurukshetra, both are father and son, who go to
Jharkhand with their canter No.HR-38-X-1036 and while
returning, bring opium from Jharkhand and Bihar under
the guise of loaded goods in their canter and do the work
of supplying opium in Haryana, who is currently standing
with their canter at a distance of about 100 meters from
Umri Chowk on the road leading from Umri Chowk to
Bhadson. If at present, the canter No.HR-38-X-1036 is
raided and personal search is conducted on Gurmeet
Singh and Gurdev Singh and their canter, then opium can
be recovered from the possession of Gurmeet Singh and
Gurdev Singh. On finding the information to the
trustworthy cind credible, after preparing notice u/s 42 of
NDPS Act, Ct. Dinesh Kumar No.310/KKR was sent to
Sh. Pradeep Kumar, HPS/DSP, Kurukshetra at around
8.00 PM. Thereafter, I, Sl informed my accompanying
officials about the information and alongwith
accompanying officials, I reached on the road leading
from Umri Chowk towards Bhadson, where a canter
No.HR-38-X-1036 mark Eicher was seen standing on the
side of the road. I, Sl after knocking on the driver’s side
window of the said canter, asked to open the window and
asked the name and address of the person who opened the
window, who disclosed his name as Gurdev Singh son of
Kartar Singh, resident of Village Barot, P.S. Ladwa,
District Kurukshetra, who is the driver of the canter and
the person sitting on the cleaner side, disclosed his name
as Gurmeet Singh son of Gurdev Singh, r/o Village Barot,2 of 8
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P.S. Ladwa, District Kurukshetra. I, SI informed the above
mentioned Gurdev Singh and Gurmeet Singh about my
post and place of posting and requested them to remain
sitting in the above mentioned canter and I, Sl issued
separate notices to the above mentioned Gurdev Singh
and Gurmeet Singh u/s 50 of NDPS Act by informing that
“I suspect the presence of narcotic substances in your
possession and in your above mentioned canter.
Therefore, it is very important to search you and your
canter. But you have legal right that you can get yourself
and your canter searched by any Magistrate or any
Gazetted Officer. After preparing separate notices u/s 50
of NDPS Act, read over and explained to Gurdev Singh
and Gurmeet Singh. Gurdev Singh and Gurmeet Singh
appended their signatures on the said notices, whereas
witnesses HC Pawan Kumar No.757/KKR and Ct. Vikram
Kumar No.98/KKR also appended their respective
signatures on the said notices. After thinking and
understanding for some time, Gurdev Singh and Gurmeet
Singh gave their reply to notice that they want to get
themselves and their canter searched in the presence of a
Gazetted Officer. Separate response to notice under
Section 50 of NDPS Act were prepared, which were read
over and explained to Gurdev Singh and Gurmeet Singh.
Gurdev Singh and Gurmeet Singh appended their
signatures on the said reply to notices, whereas witnesses
HC Pawan Kumar No.757/KKR and Ct. Vikram Kumar
No.98/KKR also appended their respective signatures on
reply to said notices. Thereafter at around 8:40 PM, Sh.
Pradeep Kumar, HPS/DSP Kurukshetra reached at the
spot in government vehicle with his staff. At the same
time, Ct, Dinesh Kumar No.310/KKR also arrived at the
spot and handed over the copy of notice u/s 42 of NDPS
Act to me, Sl, which was received by DSP. I, SI informed3 of 8
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DSP about the situation and presented notice u/s 50 of
NDPS Acts and reply to notice u/s 50 of NDPS Act before
the DSP. Then DSP by marking seen on 4 notices U/s 50
of NDPS Act, appended his signature thereon. I, Si
requested passersby for joining investigation but all of
them expressed their legitimate compulsions and went
away from the spot. Thereafter, Sh. Pradeep Kumar,
HPS/DSP Kurukshetra informed about his name, rank
and place of posting to above mentioned Gurdev Singh
and Gurmeet Singh and conducted enquiry on them.
Thereafter, DSP carried out search on me, SI regarding
narcotics. During the personal search, no narcotic
substance was recovered from me, Sl. Personal search
memo of recovering nothing was prepared. Suspects
Gurdev Singh and Gurmeet Singh, 1, Sl and witnesses HC
Pawan Kumar No.757/KKR and Ct. Vikram Kumar
No.98/KKR appended their respective signatures. Then,
as per the orders of DSP, first of all, personal search of
Gurdev Singh and then Gurmeet Singh was conducted at
the spot regarding narcotic substance. During search, no
intoxicant was found from the clothes worn by Gurdev
Singh and Gurmeet Singh. Then search of the cabin of
canter No.HR-38-X-1036 Mark Eicher was carried out.
During search, from the driver’s seat inside the cabin, a
transparent polythene plastic bag colour white was found
lying under the blanket on the long seat at the back. When
I, Sl opened it and checked it in front of DSP, a black
colour substance was found inside. After opening the
polythene in front of DSP and on checking, a black colour
substance was found to be opium. Suspects Gurdev Singh
and Gurmeet Singh also told when asked by me, sI that
this is opium. Thereafter, on weighing the recovered,
opium alongwith white colour transparent polythene
plastic bag with the help of computerize weighing scale4 of 8
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available in the government vehicle, the total weight came
to 2 kg 700 grams. I, Si prepared a parcel by putting the
recovered opium alongwith polythene in a white colour
cloth and sealed the parcel by affixing 2 seals with
impression ‘NK’ and DSP affixed his seal on the parcel
with impression ‘PK/2’. Thereafter, I, SI prepared two
sample seals separately and put my 2 seals with
impression ‘NK’ on sample seals. Seal after use was
handed over to HC Pawan Kumar No.757/KKR. DSP also
affixed his seal impression ‘PK/2’ on sample seals. DSP
after use of seal, kept the same with himself and attested
the parcel of case property containing opium and both the
sample seals. Then, on checking the dash board in the
cabin of the canter, actual RC of the canter was
recovered. According to which, the name of the owner of
canter No.HR-38-X-1036 is Gurmeet Singh son of Gurdev
Singh, resident of Village Barot, P.S. Ladwa, District
Kurukshetra, which has been issued by the Registration
Authority, Kurukshetra. Apart from above, 12 pipes and
three iron angles were found loaded in the body of the
canter and no intoxicant of any kind was recovered.
Parcel of case property containing opium alongwith both
sample seals, canter No.HR-38-X-1036 and the actual RC
with loaded goods were taken in police possession as
evidence vide separate seizure memo. Recovery memo
was prepared. Gurdev Singh and Gurmeet Singh
appended their signatures on the said recovery memo,
whereas witnesses HC Pawan Kumar No.757/KKR and
Ct. Vikram Kumar No.98/KKR also appended their
respective signatures on the said memo. DSP attested the
recovery memo by appending his signatures. Accused
Gurdev Singh and Curmeet Singh have committed the
offence under Section 18/61/85 of NDPS Act by keeping
total of 2 kg 700 grams opium in their possession.
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Therefore, after writing ruga, same is being sent to P.S.
Sadar Thanesar, Kurukshetra by hand through SPO
Sanjay Kumar No.201/KKR for registration FIR. After
lodging FIR, number of which be informed. Special
reports be issued to senior officers. Some another
Investigating Officer be sent at the spot for conducting
investigation. I alongwith accompanying officials am
present at the spot with accused and case property. Today,
From Umri Chowk towards Bhadson, Kurukshetra.”
SUBMISSIONS
ON BEHALF OF THE PETITIONER:
3. The counsel for the petitioner contends that the petitioner has
been falsely implicated in the present case wherein nothing was found from
his conscious posession added with the fact that his name has been roped in
the instant case only on the basis of disclosure statement of co-accused. The
contraband so recovered i.e.2 Kg and 700 gm of Opium was under a blanket
in the truck and the petitioner had no clue of that. The petitioner is a person
of clean antecedent and by no stretch of imagination it can assumed that he
might tamper with evidence if released on regular bail.
ON BEHALF OF RESPONDENT-STATE:
4. Learned counsel on behalf of the State submits that the
petitioner is alleged to have been involved in drug traficking along with co-
accused pertaining to recovery of 2 Kg and 700 Gm of Opium, which was
hidden under the blanket in the truck bearing registration no.HR-38-X-
1036. The fact that the contraband recovered is of commercial quantity
which is suffice enough to dismiss the present petition.
5. Heard learned counsel for the parties at length.
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ANALYSIS AND CONCLUSION
6. Be that as it may, after considering the submissions made herein
above and on perusal of the assertions made in the petition as well, this court
is of the firm view that the contraband recovered is of commercial quantity
and the increasing drug menace in the society does not compel this court to
take a lenient view for the petitioner.
7. Moreso, in Ram Govind Upadhyay versus Sudarshan Singh,
(2002) 3 SCC 598, it has been observed as under:
“3. Grant of bail though being a discretionary order —
but, however, calls for exercise of such a discretion in a
judicious manner and not as a matter of course. Order
for bail bereft of any cogent reason cannot be sustained.
Needless to record, however, that the grant of bail is
dependent upon the contextual facts of the matter being
dealt with by the court and facts, however, do always
vary from case to case. While placement of the accused
in the society, though may be considered but that by itself
cannot be a guiding factor in the matter of grant of bail
and the same should and ought always to be coupled with
other circumstances warranting the grant of bail. The
nature of the offence is one of the basic considerations
for the grant of bail — more heinous is the crime, the
greater is the chance of rejection of the bail, though,
however, dependent on the factual matrix of the matter.”
8. In view of the seriousness of the allegations, the present petition
fails and the same is hereby ordered to be dismissed as this Court does not
find any justifiable ground to accept the prayer of the petitioner, made in this
petition.
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9. However, it is made clear that the observations made
hereinabove shall have no bearing in the mind of the trial Court while
adjudicating the trial.
(SANDEEP MOUDGIL)
20.12.2024 JUDGE
Poonam Negi
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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