Punjab-Haryana High Court
Parminder Kaur Alias Rani Alias Rano vs State Of Punjab on 27 February, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:028179
CRM-M-8195-2025 -1-
233
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-8195-2025
DECIDED ON: 27.02.2025
PARMINDER KAUR ALIAS RANI ALIAS RANO
.....PETITIONER
VERSUS
STATE OF PUNJAB
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Naveen Sharma, Advocate
for the petitioner.
Mr. Jasjit Singh Rattu, DAG, Punjab.
SANDEEP MOUDGIL, J (ORAL)
1. Relief sought
The jurisdiction of this Court has been invoked for the second
time under Section 483 BNSS for grant of regular bail to the petitioner in
FIR No. 57 dated 27.04. 2024 registered under section 21(c) NDPS Act,
1985 (Challan presented under section 21-(c), 25, 27A, 29 NDPS Act 1985)
at Police station Division no. 1, District Jalandhar. (Annexure P-1).
2. Prosecution story setup in the present case as per the version in
the FIR as under:-
“SHO, Police Station Division No. 1 Jalandhar, Jai Hind
Today I SI including SI Jaswinder Singh No. 2132, ASI
Gurmel Singh No. 2411, ASI Amritpal Singh No. 456, ASI
Balkar Mattu No. 2197, ASI Gori Shankar No. 1905,
S/CT Nitin Tandon No. 1584, S/CT Surinderpal No. 2294,
HC Amanjot Corps No. 999, CT Prince Thind No. 497 in1 of 8
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the government vehicle Scorpio No. PB65-BG-2591
whose driver is CT Jaswinder Singh No. 218 and in the
government vehicle Bolero No. PB08-DS-4498 whose
driver is CT Sukhjinder Singh No. 2367 for Naka Bandi
Bhagat patrol alongwith laptop Preter Y-Point Singh
Colony Bypass, is present and that the suspicious vehicle
were being checked, when, an Innova vehicle number
PB08-BS-2958 color white was seen coming from G.T
road side. Which was driven by a Hindu youth, who was
signaled to stop. Who tried to drive away from the spopt.
On which the young man who was driving the vehicle
was arrested with the help of fellow officers and asked
for his name and address. He gave his name as Satnam
Singh alias Babbi son of Gurdev Singh resident of village
Thadia police station Sadar Banga district SBS Nagar.
On which I SI informed Satnam Singh alias Babbi son of
Gurdev Singh resident of Village Thadia Police Station
Sadar Banga District SBS Nagar, while wearing uniform
and served notice under Section 50 NDPS ACT that I am
SI Sukhraj Singh CIA Staff Jalandhar. My name plate is
affixed and I suspect there is some objectionable drug in
your vehicle number PB08-BS-2958 color white. That is
why you and your vehicle number PB08-BS-2958 Color
Chitta Innova are to be searched. You have the legal right
to have your vehicle number PB08-BS-2958 Color Chitta
Innova searched by a Magistrate or a gazetted officer.
Who said that I want to get my vehicle searched by a
gazetted officer. On which SI Mr. Paramjit Singh PPS
ACP/DETECTIVE Jalandhar at 6:05 PM his phone
number No. 98140-86612 called upon from no. 98156-
87644 and informed about the situation and requested to
arrive at the earliest possible time. After 15 minutes, a
government vehicle, Bolero No. PB65-BC-6450 with
Gunman ASI Jagiri Red No. 932 whose driver ASI2 of 8
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Kulwinder Singh No. 971 came with his staff but Asked
the name of the young man, nabbed by me, on which, he
gave his name as Satnam Singh alias Babbi son of
Gurdev Singh, a resident of village Thadia. Police Station
Sadar Banga District SBS Nagar. On which Paramjit
Singh PPS ACP/DETECTIVE Jalandhar served a notice
under Section 50 NDPS ACT to Satnam Singh that he is
Paramjit Singh PPS ACP/DETECTIVE posted at
Jalandhar. He is wearing uniform and has name plate on.
He suspect that your vehicle number PB08-BS-2958
color white Innova contains any objectionable drug and
therefore your vehicle is to be searched. You have the
legal right to have your vehicle searched by a Magistrate
or any other gazetted officer. Who deposed fait in him
and said that he can search him and his vehicle. On
which, before searching the vehicle of Satnam Singh alias
Babbi, an attempt was made to join a public witnesses in
police party. But even after making all possible efforts,
public witness could not be joined. On which I SI as
instructed by Mr. Paramjit Singh PPS ACP/DETECTIVE
Jalandhar, in the presence of Satnam Singh alias Babi,
the said vehicle number PB08-BS-2958 color white
Innova was searched, and a black bag was found on the
seat next to the driver’s seat of the vehicle, from which 08
(eight) packets of heroin were found. As many as 7 (seven
packets which are packed in cloth are lying inside a
plastic envelope. There is a round stamp on the cloth
impression BLUE SAPPHIRE-555, scissor cross. 2024 is
written below the scissor cross and 444 is written on the
cloth and a packet is packed in the cloth. Inside is a
plastic envelope. A round seal is made on the cloth.
SUPERSTAR 888 is written in the round seal. 21 Lakhs
(One Lakh) Rupees (Total 4200 notes of Rs. 500/500)
from a white waxed envelope and a note counting
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machine golden in color were recovered. Electronic
weighing of the suspected heroin packets showed 1/1 kg
of each packet in a white wax envelope, totaling 8 (eight)
kg. 08 (eight) packets of heroin were prepared in
separate plastic containers and prepared 7 (seven) goods
parcels containing heroin weighing 01/01 kg and affixed
with a circular seal on the cloth. Stamp features BLUE
SAPPHIRE-555, scissor cross. Marks A, B, C, D, E, F, G
with 2024 written below the scissor cross and a cargo
parcel of heroin weighing 01 kg with a circular stamp on
the cloth. Superstar 888, inscribed in the seal, is marked
H. By placing the estimated 21 lakh (one lakh) rupees in
separate cloth bags, parcel was prepared. By putting the
sealed bag in a separate cloth bag, the parcel was
prepared. By putting the counting machine in a separate
cloth bag, the parcel was prepared. Parcels are sealed by
me SI with my seal bearing impression SS. Mr. Paramjit
Singh PPS ACP/DETECTIVE Jalandhar sealed with his
seal letter PS. Sample seal prepared separately. I SI
handed over the seal after usage to SI Jaswinder Singh
No. 2132. Mr. Paramjit Singh PPS ACP/DETECTIVE
Jalandhar kept his seal with him. After opening the
dashboard of Innova vehicle number PB08-BS-2958,
color white, RC was recovered which was in name of
Mangat Ram son of Pragash Ram resident of village
Cheema Khurd post office Apara district Jalandhar. On
which prepared parcel of heroin weighing 1/1 kg total 8
kg (eight) grams of heroin marked A, B, C.D, E, F, G, H
and prepared goods parcels Rs 21 lakh (one lakh), parcel
containing note counting machine, parcel bag color
black seal stamped SS/PS and Innova vehicle number RC
along with PB08-BS-2958 color white Innova was taken
into police custody as evidence and heroin, 21 lakh
rupees, note counting machine, bag and Innova vehicle
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number PB08-BS-2958 color white Innova was verified
by Mr. Paramjit Singh PPS ACP/DETECTIVE Jalandhar.
That Satnam Singh alias Babbi has committed the crime
under section 21C-/61/85 NDPS Act by keeping 08 kg
(eight) heroin in his possession. S/CT Surinderpal No.
2294 is being sent to the police station by hand to
register a case by writing a ruqa.”
3. Contentions
On behalf of the petitioner
Learned counsel for the petitioner contends that the petitioner
has been falsely roped in the instant FIR only on the basis of second
disclosure statement of main accused Satnam Singh from whom actual
recovery of 8 Kgs of heroin has been effected and 40 Kgs from his son in
law Hardeep Singh @ Deepa and daughter Aman Rosy. He further contends
that there is no iota of evidence to connect the petitioner with the offence in
question as no recovery has been effected from her .
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.
According to the custody certificate, challan stands stands presented on
23.10.2024 and charges stands framed on 9.12.2024.
He seeks dismissal of the instant petition on the ground that the
offence is of serious nature as total 48 kg 500 grams of heroin alongwith one
crore of drug money has been recovered from all the co-accused and the
petitioner allegedly being buyer and part of the same group does not deserve
any concession of bail. He further submits that that the petitioner does not
have a clean record as she is involved in other cases of similar nature.
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4. Analysis
With deep concern, this court has time and again pointed out the
clandestine smuggling of narcotic drugs and psychotropic substances in the
State of Punjab which have led to drug addiction among sizeable section of
the public, particularly adolescents and students and this menace has
assumed serious and alarming proportion in the recent times. This rising
concern of drug peddling needs an efficacious solution. To effectively
address the drug menace caused by rapid drug smuggling, the concerned
State Government should develop integrated policies that addresses the root
cause of drug abuse, incorporating health, education and social welfare
sectors. At this stage, it would be apposite to understand Article 47 of the
Constitution of India which is read as under:-
“47. Duty of the State to raise the level of nutrition and
the standard of living and to improve public health-
The State shall regard the raising of the level of nutrition
and the standard of living of its people and the
improvement of public health as among its primary duties
and, in particular, the State shall endeavour to bring
about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs
which are injurious to health.”
A glimpse at Article 47 of the Constitution of India(One of the
Directive based on Socialistic Principles) makes it ample clear that it is the
for the state to look into the improvement of public health and the
prohibition of harmful substances.
Coming to the instant petition, taking into consideration the
expanding network of drug peddlers and facts of the case wherein the total
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quantity involved is 48 kgs and 500 grams of heroin and the petitioner being
the alleged buyer of the contraband who has suffered only 9 months of
incarceration does not deserve the concession of regular bail.
Moreover, while addressing the objectives of the NDPS Act,
the Hon’ble Supreme Court in the case of Durand Didier v Chief Secretary,
Union Territory Of Goa (1990) 1 SCC 95 emphasized that the rampant
issue of clandestine smuggling and illegal trafficking of drugs and
substances has led to widespread drug addiction, particularly among
adolescents and youth. This has had a harmful and devastating impact on
society. With grave concern, it was noted that the organized activities of
criminal groups and the illegal importation of narcotic drugs and
psychotropic substances into the country have caused a significant increase
in drug addiction, especially among young people and students, affecting
both genders. The menace has grown to alarming proportions in recent
years. Consequently, to effectively combat and eliminate this growing threat,
which is causing severe and harmful effects on society as a whole,
Parliament, in its wisdom, enacted the NDPS Act of 1985, introducing
provisions that mandate minimum imprisonment and fines for such offences.
Further, an additional aspect that must be considered by this
court is the frequent practice where individuals implicated under Section 29
of the NDPS Act assert that they were neither present at the scene nor had
any contraband in their conscious possession. Taking advantage of this
defence, many such accused persons are granted bail. However, this practice
needs to be addressed, as individuals targeted under Section 29 are often the
primary masterminds behind the drug trafficking networks, orchestrating
operations from a distance while using others, typically those found in direct
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possession of the drugs, as scapegoats. Consequently, the court is of the firm
opinion that in such cases, these individuals should be held equally
accountable and should not be afforded any leniency.
5. Relief
In the light of above stated facts and the law discussed along
with the prevailing conditions, the court is of the considered view that the
petitioner does not deserve the concession of the regular bail. Hence, the
instant petition stands dismissed being devoid of merits.
However, it is made clear that the observations made herein
above shall have no bearing in the mind of the trial court while adjudicating
the matter in accordance with law.
Ordered accordingly.
(SANDEEP MOUDGIL)
27.02.2025 JUDGE
Poonam Negi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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