Punjab-Haryana High Court
Bhupinder Singh vs State Of Haryana on 6 March, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:032255
CRM-M-11550-2025 -1-
245
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-11550-2025
DECIDED ON: 06.03.2025
BHUPINDER SINGH .....PETITIONER
VERSUS
STATE OF HARYANA .....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Satnam Singh Gill, Advocate
for the petitioner.
Mr. Chetan Sharma, DAG, Haryana.
SANDEEP MOUDGIL, J (ORAL)
1. Relief sought
The jurisdiction of this Court has been invoked under Section
483 BNSS for grant of regular bail to the petitioner in case FIR No.876
dated 22.12.2023, under section 15(C) NDPS Act, 1985 (Later on added
Sections 29 and 31 NDPS Act, 1985), Police Station Sadar Thanesar, District
Kurukshetra.
2. Prosecution story setup in the present case as per the version in
the FIR as under:-
“Copy of statement, To, the Incharge Officer, Police Station Sadar,
Thanesar, Jai Hind. Today on 22.12.23 the undersigned Inspector
Sukhpal no.265/KR Incharge Haryana State Narcotics Control Bureau,
Kurukshetra alongwith ASI Vinod Kumar No.643/PPT, ЕНС Naresh
Kumar No.890/KKR, EHC Santram No.966YNR on government vehicle
HRO5GV9449 make ISUZU being driven by EHC Vinay Kumar No.
557/PPT, at about 12.30AM, departed from Haryana State Narcotics
Control Bureau Unit Kurukshetra and while passing by Bus Stand
Kurukshetra Sector 7 and Sector 2,3 cut, while searching out crime and1 of 12
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intoxicant substance, at about 01.30 AM reached at GT Road Umri
Chowk Kurukshetra then in the meantime the special secret informer
met with the undersigned Inspector and gave secret information that
Gursharan Singh son of Sahab Singh resident of Baras District
Fatehgarh Sahib Punjab and Bhupender Singh alias Pinda son of
Bakhshish Singh resident of village Raipur Gujran District Fatehgarh
Sahib (Punjab) in collusion with each other, buy doda churapost
(poppy husk) from Madhya Pradesh and bring it by hiding in the goods
loaded in their canter no.PB11DD8345 and do the work of supplying
poppy husk in Punjab. Today also the above said Gursharan Singh and
Bhupencer Singh in their canter, by loading goods from Madhya
Pradesh, after some time are coming towards Pipli Kurukshetra from
Karnal side and while passing by Pipli Ambala will go to Punjab. If
check post is established on GT Road and canter no. PB11DD8345 is
apprehended and the above said Gursharan: Singh and Bupender
Singh personally and their canter are searched then large quantity of
poppy husk can be apprehended from the possession of both of them.
The secret information being confirmed and reliable, notice under
section 42 NDPS Act was prepared on 02.00AM and was sent through
ASI Vinod Kumar no.643/PPT to Shri Pardeep Kumar HPS Deputy
Superintendent of Police Kurukshetra. After that, the undersigned
Inspector informed the companions about the secret information and
started checking the vehicles coming from Karnal side alongwith
companions on GT Road near National Institute of Design. Only after a
while one canter was seen coming, to which the undersigned Inspector
made sign by showing torture and got it stopped on side. It was
checked and the number of the canter was found PB11DD8345. Two
persons were found sitting in the above said canter, to whom the
undersigned Inspector informed about my name, designation and
posting and enquired their name address and one young boy sitting on
driving seat of the above said canter informed his name Gursharan
Singh son of Sahab Singh resident of Baras Police Station Alla Singh
Badaal District Fatehgarh Sahib Punjab and the person sitting on side
seat informed his name Bhupender Singh alias Pinda son of Bakshish
Singh resident of village Raipur Gujran Police Station Bassi Pathana
District Fatehgarh Sahib Punjab. The undersigned Inspector requested
the above said Gursharan Singh and Bhupender Singh alias Pinda to
keep sitting in their canter. The undersigned Inspector stopped the2 of 12
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passersby passing on the road and requested to join the investigation
but everyone shown their respective compulsions and went away from
the spot. The undersigned Inspector informed the above said
Gursharan Singh and Bhupinder Singh alias Pinda through separate
notices under section 50 NDPS Act that I have doubt about intoxicant
substance with you and in your above said canter. Hence, it is very
necessary to search out you and your above said canter and you have
the legal right that you can get yourself and your above said canter
searched from some Magistrate or some gazetted officer. Separate
notices U/s 50 NDPS Act were prepared and were read over to above
said Gursharan and Bhupender Singh alias Pinda and were made
understood. The above said Gursharan and Bhupender Singh alias
Pinda and witness EHC Naresh Kumar no.890/KKR and EHC Vinay
Kumar No.557/PPT put their respective signatures. After thinking for
sometime and understanding it, the above said Gursharan and
Bhupender Singh alias Pinda separately informed that we want to get
ourselves and our above said canter searched in front of some gazetted
officer. Separate consent notices under section 50 NDPS Act were
prepared and were read over and made understood to the above said
Gursharan and Bhupender Singh alias Pinda. The above said
Gursharan and Bhupender Singh alias Pinda and witness EHC Naresh
Kumar no.890/KKR and EHC Vinay Kumar no.557/PPT put their
respective signatures on separate consent notices under section 50
NDPS Act. After that at about 3.45 AM, the undersigned Inspector from
mobile no.97299-51090 made telephonic call to Shri Pardeep Kumar
HPS Deputy Superintendent of Police Kurukshetra on his mobile
no.70567- 00103 and informed him about the situation and requested
to come on the spot, thereupon the Deputy Superintendent of Police
informed that I am at my residence and after some time i will reach to
you. At about 04.30 AM, Shri Pardeep Kumar HPS Deputy
Superintendent of Police on government vehicle alongwith staff
reached at place of incident. Alongwith him ASI Vinod Kumar also
came present on the spot and ASI Vinod Kumar handed over me a copy
of notice U/s 42 NDPS Act received by DSP, which was kept. The
undersigned Inspector again informed DSP about the situation and
both the notices under section 50 NDPS Act and both consent notices
U/s 50 NDPS Act were submitted before the DSP. The DSP seen all four
notices U/s 50 NDPS Act and put his signatures. After that the DSP3 of 12
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informed he above said Gursharan and Bhupender Singh alias Pinda
about his designation, name and place of posting and enquired them.
After that the DSP, searched out the undersigned Inspector with regard
to intoxicant substance. During the personal search of the undersigned
Inspector, no kind of intoxicant substance was recovered. Memo of
search was prepared. The above said Gursharan and Bhupender Singh
alias Pinda, the undersigned Inspector and witness EHC Naresh
Kumar no.890/KKR and EHC Vinay Kumar no.557/PPT put their
respective signatures on the merno. After that under the orders of the
DSP, at first Gursharan and thereafter Bhupender Singh alias Pinda
were personally searched with regard to the intoxicant substance.
During the search, no intoxicant substance was found in the clothes
worn by the above said Gursharan and Bhupender Singh alias Pinda.
After that in the search of the cabin of canter no.PB11DD-8345 make
Bharat Benz, the cabin and body color of which is white, original RC of
the above said canter was found inside the desk board, according to
that the name of owner of canter no. PB11DD-8345 is Gurdeep Kaur
wife of Sahab Singh resident of Baras District Fatehgarh Sahib Punjab,
which is issued by Registration Authority, RTA Patiala Punjab. Besides
this, things were found inside the desk board of the cabin of the canter
i.e. loaded goods bill, two weigh / kanta slips and one bill according to
which total 120 bags of onions are loaded in the canter no. PB11DD-
8345 which has been issued by the shop no. 108, New Potato Onion
Market Maali Trading Company Indore Madhya Pradesh on 20.12.23
and other documents were also found consisting total 5 pages.
According to that these 120 bags of onions are to be sent to Mehma
Fruit Company Patiala Punjab. After that during the search of the body
of the above said canter, five heavy weight bags of white color and five
bags of black color were found kept hiding in onion bags kept in the
body. On enquiring about them, Gursharan and Bhupinder Singh alias
Pinda informed that out of these 10 plastic bags, there is poppy
husk/chura post in 5 bags of white color and there is doda chura post
in 5 bags of black color. All of above said recovered 10 plastic bags
were taken down from the above said canter and at first white color
bags were opened and checked then chura post was found in the
transparent polythene inside the white color plastic bag. The recovered
plastic bag of chura post alongwith transparent polythene were
weighed with the computer weighing machine available in the4 of 12
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government vehicle then the weight of chura post was 30 kilo 200
gram. The recovered chura post was put into that same plastic bag and
parcel was prepared of the transparent polythene and the parcel
containing chura post was sealed with my two seals SP and the parcel
containing churapost was marked with letter A. After that second white
color bag was opened and checked then chura post was found in the
transparent polythene inside the white color plastic bag. The recovered
plastic bag of chura post alongwith transparent polythene was weighed
with the computer weighing machine then the weight of chura post was
30 kilo 200 gram. The recovered chura post was put into that same
plastic bag and parcel was prepared of the transparent polythene and
the parcel containing chura post was sealed with my two seals SP and
the parcel containing churapost was marked with letter B. After that
third white color bag was opened and checked then chura post was
found in the bag. The recovered plastic bag of chura post alongwith
transparent polythene was weighed with the computer weighing
machine then the weight of chura post was 30 kilo 200 gram. The
recovered chura post was put into that same plastic bag and parcel was
prepared of the transparent polythene. and the parcel containing chura
post was sealed with my two seals SP and the parcel containing
churapost was marked with letter C. After that fourth white color bag
was opened and checked then chura post was found in the transparent
polythene inside the white color plastic bag. The recovered plastic bag
of, chura post alongwith transparent polythene was weighed with the
computer weighing machine then the weight of chura post was 30 kilo
200 gram. The recovered chura post was put into that same plastic bag
and parcel was prepared of the transparent polythene and the parcel
containing chura post was sealed with my two seals SP and the parcel
containing churapost was marked with letter D. After that fifth white
color bag was opened and checked then chura post was found in the
transparent polythene inside the white color piastic bag. The recovered
plastic bag of chura post alongwith transparent polythene was weighed
with the computer weighing machine then the weight of chura post was
14 kilo 200 gram. The recovered chura post was put into that same
plastic bag and parcel was prepared of the transparent polythene and
the parcel containing chura post was sealed with my two seals SP and
the parcel containing churapost was marked with letter E. After that
sixth black color bag was opened and checked then doda chura post5 of 12
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was found in the transparent polythene inside the bag. The recovered
plastic bag of doda chura post alongwith transparent polythene was
weighed with the computer weighing machine then the weight of doda
chura post was 25 kilo 200 gram. The recovered doda chura post was
put into that same plastic bag and parcel was prepared of the
transparent polythene and the parcel containing doda chura post was
sealed with my two seals SP and the parcel containing doda churapost
was marked with letter F. After that seventh black color plastic bag was
opened and checked then doda chura post was found in the transparent
polythene inside the bag. The recovered plastic bag of doda chura post
alongwith transparent polythene was weighed with the computer
weighing machine then the weight of doda chura post was 25 kilo 200
gram. The recovered doda chura post was put into that same plastic
bag and parcel was prepared of the transparent polythene and the
parcel containing doda chura post was sealed with my two seals SP
and the parcel containing doda churapost was marked with letter G.
After that eighth black color plastic bag was opened and checked then
doda chura post was found in the transparent polythene inside the bag.
The recovered plastic bag of doda chura post alongwith transparent
poythene was weighed with the computer weighing machine then the
weight of doda chura post was 25 kilo 200 gram. The recovered doda
chura post was put into that same plastic bag and parcel was prepared
of the transparent polythene and the parcel containing doda chura post
was sealed with my two seals SP and the parcel containing doda
churapos was marked with letter H. After that ninth black color bag
was opened and checked then doda chura post was found in the
transparent polythene inside the bag. The recovered plastic bag of doda
chura post alongwith transparent polythene was weighed with the
computer weighing machine then the weight of doda chura post was 25
kilo 200 gram. The recovered doda chura post was put into that same
plastic bag and parcel was prepared of the transparent polythene and
the parcel containing doda chura post was sealed with my two seals SP
and the parcel containing doda churapost was marked with letter I.
After that tenth black color bag was opened and checked then doda
chura post was found in the transparent polythene inside the bag. The
recovered plastic bag of doda chura post alongwith transparent
polythene was weighed with the computer weighing machine then the
weight of doda chura post was 16 kilo 200 gram. The recovered doda6 of 12
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chura post was put into that same plastic bag and parcel was prepared
of the transparent polythene and the parcel contairing doda chura post
was sealed with my two seals SP and the parcel containing doda
churapost was marked with letter J. Total weight of all ten plastic bags
of recovered churapost/doda chura post and transparent polythene was
2 quintal 52 kilogram. After that the undersigned Inspector put my 2
seals of SP separately on wo cloth bags and prepared two separate
sample seals. After the use, the seal was handed over to EHC Naresh
Kumar no.890/KKR. After that the DSP also put his two seals of PK on
all ten bags of chura post/doda chura post and also put his 2 seals of
PK on both sample seals. The DSP, after using the seal, kept the same
with him and attested all the parcels containing case property of chura
post/doda chura post and both sample seals. All ten parcels containing
case property chura post/ doda chura post including both sample seals,
canter no.PB11DD- 8345 alongwith original RC alongwith loaded
goods onions alongwith bill and other documents and rope were taken
into police custody as evidence vide memo. Memo of seizure was
prepared. The above said accused persons Gursharan Singh and
Bhupender Singh alias Pinda and witnesses EHC Naresh Kumar
no.890/KKR and EHC Vinay Kumar No.557/PPT put their respective
signatures on the memo. DSP attested the memo of seizure and put his
signatures. The above said accused persens Gursharan Singh and
Bhupender Singh alias Pinda by keeping 2 quintal 52 kilogram doda
chura post alongwith plastic bags in their custody have committed
offence under section 15(c)-61-85 NDPS Act. Thereupon the document
is written and is being sent through EHC ! Sant Ram No.966/YNR to
the police station Sadar Thanesar for registration of case. After
registering the case, case number may be informed and special report
of the case in hand may be sent to the senior officers and other
investigation officer may be sent on the spot for investigation of the
case. The undersigned Inspector alongwith companions alongwith the
accused persons and case property is present at the place of incident.”
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner contends that the petitioner
was only working as a cleaner on the offending truck being an employee of
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one Gurdeep Kaur to whom the truck belongs and the said offending vehicle
was driven by other co-accused namely Gursharan Singh who is in custody.
It has been contended on behalf of the petitioner that he is a man of clean
antecedents as he is not involved in any other case.
On behalf of the State
On the other hand, learned State counsel has produced the
custody certificate of the petitioner today in Court, which is taken on record.
He seeks dismissal of the instant petition on the ground that the recovered
contraband i.e. 02 Quintal 52 Kilograms Dodha/Poppy straw is commercial
in nature.
4. Analysis
Be that as it may, considering the custody period i.e. 01 year, 02
months and 06 days for which the petitioner has suffered incarceration and
the fact that the petitioner was only an employee of one Gurdeep Kaur who
owns the said offending vehicle in addition to the fact that the petitioner is
not a habitual offender as he is not involved in any other case, as is evident
from custody certificate
Also, investigation is complete, challan stands presented to
Court on 15.06.2024, charges have been framed on 24.09.2024 and out of
total 26 prosecution witnesses none has been examined so far, which is
suffice for this Court to infer that the conclusion of trial will take long time
for which the petitioner cannot be detained behind the bars for an indefinite
period.
Reliance can be placed upon the judgment of the Apex Court
rendered in “Dataram versus State of Uttar Pradesh and another“, 2018(2)
R.C.R. (Criminal) 131, wherein it has been held that the grant of bail is a
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general rule and putting persons in jail or in prison or in correction home is
an exception. Relevant paras of the said judgment is reproduced as under:-
“2. A fundamental postulate of criminal jurisprudence is
the presumption of innocence, meaning thereby that a
person is believed to be innocent until found guilty.
However, there are instances in our criminal law where a
reverse onus has been placed on an accused with regard
to some specific offences but that is another matter and
does not detract from the fundamental postulate in
respect of other offences. Yet another important facet of
our criminal jurisprudence is that the grant of bail is the
general rule and putting a person in jail or in a prison or
in a correction home (whichever expression one may
wish to use) is an exception. Unfortunately, some of these
basic principles appear to have been lost sight of with the
result that more and more persons are being incarcerated
and for longer periods. This does not do any good to our
criminal jurisprudence or to our society.
3. There is no doubt that the grant or denial of bail is
entirely the discretion of the judge considering a case but
even so, the exercise of judicial discretion has been
circumscribed by a large number of decisions rendered
by this Court and by every High Court in the country. Yet,
occasionally there is a necessity to introspect whether
denying bail to an accused person is the right thing to do
on the facts and in the circumstances of a case.
4. While so introspecting, among the factors that need to
be considered is whether the accused was arrested during
investigations when that person perhaps has the best
opportunity to tamper with the evidence or influence
witnesses. If the investigating officer does not find it
necessary to arrest an accused person during
investigations, a strong case should be made out for
placing that person in judicial custody after a charge
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sheet is filed. Similarly, it is important to ascertain
whether the accused was participating in the
investigations to the satisfaction of the investigating
officer and was not absconding or not appearing when
required by the investigating officer. Surely, if an accused
is not hiding from the investigating officer or is hiding
due to some genuine and expressed fear of being
victimised, it would be a factor that a judge would need
to consider in an appropriate case. It is also necessary
for the judge to consider whether the accused is a first-
time offender or has been accused of other offences and if
so, the nature of such offences and his or her general
conduct. The poverty or the deemed indigent status of an
accused is also an extremely important factor and even
Parliament has taken notice of it by incorporating an
Explanation to section 436 of the Code of Criminal
Procedure, 1973. An equally soft approach to
incarceration has been taken by Parliament by inserting
section 436A in the Code of Criminal Procedure, 1973.
5. To put it shortly, a humane attitude is required to be
adopted by a judge, while dealing with an application for
remanding a suspect or an accused person to police
custody or judicial custody. There are several reasons for
this including maintaining the dignity of an accused
person, howsoever poor that person might be, the
requirements of Article 21 of the Constitution and the fact
that there is enormous overcrowding in prisons, leading
to social and other problems as noticed by this Court in
In Re-Inhuman Conditions in 1382 Prisons, 2017(4) RCR
(Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.)
408 : (2017) 10 SCC 658
6. The historical background of the provision for bail has
been elaborately and lucidly explained in a recent
decision delivered in Nikesh Tara chand Shah v. Union of
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India, 2017 (13) SCALE 609 going back to the days of
the Magna Carta. In that decision, reference was made to
Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC
565 in which it is observed that it was held way back in
Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that
bail is not to be withheld as a punishment. Reference was
also made to Emperor v. Hutchinson, AIR 1931
Allahabad 356 wherein it was observed that grant of bail
is the rule and refusal is the exception. The provision for
bail is therefore age-old and the liberal interpretation to
the provision for bail is almost a century old, going back
to colonial days.
7. However, we should not be understood to mean that
bail should be granted in every case. The grant or refusal
of bail is entirely within the discretion of the judge
hearing the matter and though that discretion is
unfettered, it must be exercised judiciously and in a
humane manner and compassionately. Also, conditions
for the grant of bail ought not to be so strict as to be
incapable of compliance, thereby making the grant of
bail illusory.”
Therefore, to elucidate further, this Court is conscious of the
basic and fundamental principle of law that right to speedy trial is a part of
reasonable, fair and just procedure enshrined under Article 21 of the
Constitution of India. This constitutional right cannot be denied to the
accused as is the mandate of the Apex court in “Hussainara Khatoon and
ors (IV) v. Home Secretary, State of Bihar, Patna“, (1980) 1 SCC 98.
Besides this, reference can be drawn upon that pre-conviction period of the
under-trials should be as short as possible keeping in view the nature of
accusation and the severity of punishment in case of conviction and the
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nature of supporting evidence, reasonable apprehension of tampering with
the witness or apprehension of threat to the complainant.
5. RELIEF:
In view of the discussions made hereinabove, the petitioner is
hereby directed to be released on regular bail on him furnishing bail and
surety bonds to the satisfaction of the trial Court/Duty Magistrate,
concerned.
In the afore-said terms, the present petition is hereby allowed.
However, it is made clear that anything stated hereinabove shall
not be construed as an expression of opinion on the merits of the case.
(SANDEEP MOUDGIL)
06.03.2025 JUDGE
Poonam Negi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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